Citation : 2026 Latest Caselaw 1866 Kant
Judgement Date : 26 February, 2026
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NC: 2026:KHC:11930
CRL.P No. 17589 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17589 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. AKASH GOWDA H P
S/O PRAKASH H A
AGED ABOUT 21 YEARS.
2. PRAKASH H A
S/O LATE APPAJIGOWDA
AGED ABOUT 63 YEARS
BOTH ARE RESIDENTS OF
No. 492/B, KESHAVA NILAYA
7TH CROSS, GANDHINAGAR
MANDYA CITY - 571 401.
OWN VILLAGE- HONAGANAHALLI VILLAGE
KASABA HOBLI
Digitally signed by
MANDYA TALUK AND DISTRICT.
LAKSHMINARAYANA ...PETITIONERS
MURTHY RAJASHRI
Location: HIGH
COURT OF (BY SRI HEMANTH KUMAR K, ADVOCATE)
KARNATAKA
AND:
1. THE STATE OF KARNATAKA BY
MANDYA WEST POLICE STATION, MANDYA
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU - 560 001.
...RESPONDENT
(BY SRI MOHD. AYUB ALI, ADDL. SPP)
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NC: 2026:KHC:11930
CRL.P No. 17589 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN CR.No.176/2025 REGISTERED BY
THE RESPONDENT / MANDYA WEST P.S. FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 109, 115(2), 126(2), 118(1),
127(2), 132, 190, 189(2), 352, 351(3) OF BNS 2023.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos.2 and 3 under
Section 483 of BNSS praying to grant bail in Crime
No.176/2025 of Mandya West Police Station, registered for
offences under Section 109, 115(2), 126(2), 118(1),
127(2), 132, 190, 189(2), 352, 351(3) of BNS.
2. Heard the learned counsel for the petitioners and
learned Additional SPP for respondent/State.
3. Learned counsel for petitioners would contend that
the allegation against the accused persons as per
averments of the complaint, is that accused No.1
assaulted with wooden reaper on the head of the injured
and caused bleeding injury and accused No.2 assaulted
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HC-KAR
him with brick on his head. Even though there are two
assaults by accused Nos.1 and 2 respectively, but the
wound certificate indicates only one injury. There is no
overt act alleged against petitioner No.2/accused No.3.
The petitioners are in judicial custody since 08.12.2025
and as major portion of the investigation is over, they are
not required for custodial interrogation. The injury
sustained by the injured is stated to be simple in nature.
There are no criminal antecedents of the petitioners. With
this, he prayed to allow the petition.
4. Per contra, learned Additional SPP would contend
that the injured is a meter reader who came to the house
of the petitioners for his work to record the reading in the
meter. As the meter was not properly working, the first
informant asked the accused persons to get it repaired or
replaced. For that the accused persons have assaulted the
first informant with wooden reaper and brick and caused
injury. The wound certificate indicates that the injured has
sustained lacerated wound over the occipital region
NC: 2026:KHC:11930
HC-KAR
measuring 3 x 0.6 cms. If the petitioners are granted bail,
there are chances of they hampering the investigation and
tampering the prosecution witnesses. With this he prayed
to reject the petition.
5. Having heard the learned counsels, the Court has
perused the FIR, complaint and other materials placed on
record.
6. As per averments of the complaint, the first
informant went to the house of accused No.3 for meter
reading and on coming to know that meter is not properly
working he told accused No.3 to get the meter
repaired/replaced and enraged by that accused No.1
assaulted the first informant with wooden reaper on his
head and caused bleeding injury and accused No.2
assaulted with a brick on his head and accused No.1
kicked on his private part. Even though there is allegation
that both accused Nos.1 and 2 assaulted on the head,
there is only one injury on the head. The petitioners are in
judicial custody since 08.12.2025 and as the major portion
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HC-KAR
of the investigation is over, they are not required for
further custodial interrogation. The wound certificate
indicates that the injury is simple in nature. There are no
criminal antecedents of the petitioners.
7. Considering the above aspects, the petitioners
have made out a case for grant of bail with conditions. In
the result, the following:
ORDER
The petition is allowed. The petitioners are granted
bail in Crime No.176/2025 of Mandya West Police Station,
subject to following conditions:
(i) Petitioners shall execute bail bond for a
sum of Rs.1,00,000/- each, with one
surety for the like sum to the
satisfaction of the jurisdictional Court.
(ii) Petitioners shall not tamper the
prosecution witnesses either directly or
indirectly.
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HC-KAR
(iii) Petitioners shall attend the trial Court on
all dates of hearing and co-operate for
speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 29 Ct.sm
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