[Cites 12, Cited by 0]
Karnataka High Court
Anil Kumar vs State Of Karnataka on 27 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 8784 of 2025
C/W CRL.P No. 26 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 8784 OF 2025
C/W
CRIMINAL PETITION NO. 26 OF 2026
IN CRL.P No. 8784/2025
BETWEEN:
1. MUNIRAJU @ MUNNA,
S/O MUNISHAMI,
AGED ABOUT 22 YEARS,
R/AT SHIGEPALYA VILLAGE,
DODDABELAVANGALA HOBLI,
DODDABALLAPUR TALUK,
BENGALURU DISTRICT - 561 204.
Digitally signed (PETITIONER/ACCUSED NO. 4 IS IN JUDICIAL
by NANDINI M
S CUSTODY)
Location: HIGH ...PETITIONER
COURT OF
KARNATAKA (BY SRI.TIGADI VEERANNA GADIGEPPA, ADVOCATE FOR
SRI.RAMESHA H N.,ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY DODDABELAVANGALA P.S.,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
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CRL.P No. 8784 of 2025
C/W CRL.P No. 26 of 2026
HC-KAR
...RESPONDENT
(BY SRI.CHANNAPPA ERAPPA, ADVOCATE)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS)
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CRIME
NO.24/2023 REGISTERED BY THE DODDABELAVANGALA
POLICE FOR THE ALLEGED OFFENCE P/US/ 143, 147, 148, 114,
302, 201, 506, 149 OF IPC PENDING ON THE FILE OF THE
HONBLE IV ADDL. DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT AT DODDABALLAPURA IN
S.C.NO.10011/2023.
IN CRL.P NO. 26/2026
BETWEEN:
1. ANIL KUMAR,
S/O LATE ADIVISHWAPPA,
AGED ABOUT 28 YEARS,
R/AT DODDABALLAPURA, HULIKUNTE TALUK,
BENGALURU RURAL KARNATAKA - 561 204.
...PETITIONER
(BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY DODDABELAVANGALA P.S.,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI.CHANNAPPA ERAPPA, ADVOCATE)
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NC: 2026:KHC:12355
CRL.P No. 8784 of 2025
C/W CRL.P No. 26 of 2026
HC-KAR
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS)
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN
CRIME NO.24/2023 REGISTERED BY THE
DODDABELAVANGALA POLICE FOR THE ALLEGED OFFENCE
P/US/ 143, 147, 148, 114, 302, 201, 506, 149 OF IPC
PENDING ON THE FILE OF THE HONBLE IV ADDL DISTRICT
AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT
DODDABALLAPURA IN S.C.NO.10011/2023.THE IV ADDL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT AT DODDABALLAPURA HAS REJECTED THE BAIL
PETITION ON 26.10.2023 IN S.C.NO.10011/2023.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.2 and 4 in S.C.No.10011/2023 pending
before the Court of IV Additional District and Sessions
Judge, Bengaluru Rural District, sitting at Doddaballapura,
arising out of Crime No.24/2023 registered by
Doddabelavangala Police Station, Bangalore Rural District,
for offences punishable under Section 143, 147, 148, 114,
302, 201, 506, 149 of IPC are before the in these two
successive bail applications filed under Section 483 of
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BNSS, 2023 read with Section 439 of Cr.PC seeking
regular bail.
2. Heard the Learned counsel for the parties.
3. FIR in Crime No.24/2023 was registered by the
Doddabelavangala Police Station, Bangalore Rural District,
initially for offences punishable under Section 143, 147,
148, 149 and 302 of IPC, based on the first information
dated 17.02.2023 received from Shivaprakash. FIR was
registered against five named persons and others.
4. During the course of investigation, petitioners
herein were arrested on 24.02.2023 and after completing
investigation, charge sheet was filed in the present case
against 14 persons. Petitioners herein are arrayed as
accused No.2 and 4 in the charge sheet. Their bail
application filed before the Sessions Court was rejected
and therefore, they had earlier approached the Court in
Crl.P.No.11707/2023 and Crl.P.No.6625/2024. The said
petitions were dismissed as not pressed with liberty to the
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petitioners to file a fresh petition after examination of the
eye-witnesses is completed before the Trial Court. It is
under these circumstances, petitioners are before this
Court in these successive application.
5. The Learned counsel for the petitioner submits
that except the petitioners herein, all the other accused
have been granted bail in the present case. He submits
that all the alleged eye-witnesses have been now
examined before the Trial Court as PW.1 to PW.9 and none
of the eye-witnesses, including the parents of deceased
Bharath and Prathik, have supported the case of the
prosecution. Petitioners are in custody for the last more
than three years. Accordingly, he prays to allow the
petition.
6. Per contra, learned HCGP who has opposed the
petition however does not dispute the submission made by
learned counsel for the petitioner. He brings to the notice
of this Court that accused No.4 is involved in another case
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registered for offence punishable under Section 302 of
IPC. At this juncture, learned counsel for the petitioner
submits that in the said case, accused No.4 has been
already acquitted and the judgment and order of acquittal
as attained finality.
7. As per the charge sheet allegations on
17.02.2023 when a cricket tournament was under
progress in the Karnataka Public School ground, accused
No.1 Vinay parked his car inside the ground which was
objected by the persons who had organised the cricket
tournament. Thereafter, there was a quarrel between
Vinay and the persons who had organised the cricket
tournament and it is alleged that Vinay who left the
ground in his car, subsequently returned with his friends
armed with deadly weapons and after abusing the persons
who had organised the cricket tournament and also the
players, had assaulted them with deadly weapons. In the
said incident, Bharath and Prathik, who had suffered
grievous injuries, had succumbed to the same. It is under
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these circumstances, FIR was registered against accused
No.1 and others in Crime No.24/2023. After completing
investigation, charge sheet was filed against 14 persons.
Petitioners herein were arraigned as accused Nos.2 and 4
in the charge sheet and they had allegedly assaulted the
deceased with deadly weapons and had caused grievous
injuries on them.
8. The prosecution has now examined nine charge
sheet witnesses before the Trial Court as PW.1 to PW.9.
PW.1 and PW.2 are said to be the parents of deceased
Bharath and PW.3 is the mother of deceased Prathik. PW.4
is the brother of deceased Bharath. PW.5 to PW.9 are
independent eye-witnesses to the incident-in-question.
According to the learned counsel for the petitioner, all the
aforesaid charge sheet witnesses have not supported the
case of the prosecution and therefore, they were treated
as hostile witnesses and cross-examined by the public
prosecutor. This statement made by learned counsel for
the petitioner has not been seriously disputed by learned
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HCGP. Be that as it may, fact remains that all the material
charge sheet witnesses are now examined and therefore,
there cannot be any apprehension that petitioners are
likely to tamper with the material charge sheet witnesses.
Petitioners who are youngsters, are in custody for the last
more than three years. Undisputedly all the other accused
persons have been granted bail in the present case. The
incident-in-question had taken place after the two parties
had fought against each other, in the background of a
quarrel that had taken place in the cricket ground.
9. In the present case the prosecution has in all
cited 112 charge sheet witnesses, till date only 9 charge
sheet witnesses are examined as PW.1 to PW.9. Under the
circumstances, the chances of the trial being completed
and the case being disposed of on merits in the near
future is very remote. Therefore, I am of the view that
without expressing any opinion on the merits and demerits
of the case, the prayer of petitioners to grant bail in these
successive bail applications needs to be answered
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affirmatively, more so considering their period of
incarceration. Accordingly, the following:-
ORDER
These Criminal petitions are allowed.
The petitioners are directed to be enlarged on bail in
S.C.No.10011/2023 pending before the Court of IV
Additional District and Sessions Judge, Bengaluru Rural
District, sitting at Doddaballapura, arising out of Crime
No.24/2023 registered by Doddabelavangala Police
Station, Bangalore Rural District, for offences punishable
under Section 143, 147, 148, 114, 302, 201, 506, 149 of
IPC, subject to the following conditions:
a) The petitioners shall execute
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) each with two sureties
for the likesum, to the satisfaction of the
jurisdictional Court;
b) The petitioners shall appear regularly
on all the dates of hearing before the Trial
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Court unless the Trial Court exempts there
appearance for valid reasons;
c) The petitioners shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioners shall not involve in
similar offences in future;
e) The petitioners shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against them is disposed off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
List No.: 1 Sl No.: 7
