[Cites 5, Cited by 0]
Karnataka High Court
Sri. Magesh Babu G vs The State Of Karnataka on 3 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:6142
CRL.P No. 17319 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17319 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. SRI. MAGESH BABU G
S/O GUNA SHEKAR
AGED ABOUT 38 YEARS,
R/AT 18, 5TH CROSS,
2ND MAIN, 2ND STAGE,
GOWTHAMPURA HALASURU,
BENGALURU - 08
...PETITIONER
(BY SRI. RAMESHA H N.,ADVOCATE)
Digitally signed by AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
BY ASHOK NAGAR P.S.
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560001.
...RESPONDENT
(BY SRI. M R PATIL, HCCGP)
-2-
NC: 2026:KHC:6142
CRL.P No. 17319 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.338/2025 FOR THE OFFENCE P/U/S 109,61 R/W
3(5) OF BNS 2023 FILED BY THE RESPONDENT ASHOKNAGAR
P.S BENGALURU PENDING BEFORE THE HONBLE COURT OF
THE XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT
BENGALURU
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
The petition is filed by accused No.4 under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying
to grant bail in Crime No.338/2025 of Ashok Nagar Police
Station registered for offences under Sections 109, 61
read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. Heard the learned counsel for petitioner and
learned High Court Government Pleader for
respondent/State.
3. The learned counsel for petitioner would
contend that accused No.1 against whom the overt act of
holding deadly weapon and trying to assault the injured
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HC-KAR
has been granted bail by this Court in Crl.P
No.16041/2025 by order dated 07.01.2026. The
accusation against the petitioner is that he was with
accused Nos.1 and 2 when they chased the injured holding
deadly weapon. There is no allegation of any assault by
this petitioner to the injured. Therefore the petitioner is
entitled for grant of bail on the ground of parity. The
injured has sustained injuries due to fall from the
compound wall and not by the assault by any of the
accused. With this, he prayed to allow the petition.
4. Per contra, the learned High Court Government
Pleader for respondent/State would contend that the
statement of eyewitnesses has been recorded, wherein
they have stated the chasing of the injured by two persons
holding deadly weapons. The matter is under
investigation. If the petitioner is granted bail, there are
chances of hampering the investigation and tampering the
prosecution witnesses. With this, he prayed to reject the
petition.
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HC-KAR
5. Having heard the learned counsel, the Court
has perused the FIR, complaint and other materials placed
on record.
6. This Court while granting bail to accused No.1
by order dated 07.01.2026 passed in Crl.P No.16041/2025
has observed as under:
"6. As per averments of the complaint, there
was an incident on 26.10.2025, in which the
petitioner has stated to have assaulted the
complainant and in turn, the complainant has
also assaulted him. On the day of incident i.e.,
on 27.10.2025 when the complainant was
watching the football match in the stadium at
that time, the petitioner, accused No.2 and other
either (8) friends of the petitioner came to the
stadium wherein the petitioner has chased the
complainant holding long chopper and at that
time, the complainant jumped on the compound
and escaped. Considering the said aspect, there
is no injury caused by this petitioner on the
complainant. The petitioner is in judicial custody
since 30.10.2025 and as the major portion of
investigation is over, the petitioner is not
required for further custodial interrogation. There
are no criminal antecedents of the petitioner".
7. The allegation of holding deadly weapon and
chasing the injured is against accused Nos.1 and 2. The
petitioner/accused No.4 is stated to be along with accused
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Nos.1 and 2 at that time. There is no allegation of any
assault by this petitioner or holding any deadly weapon.
The injured has sustained injuries as he jumped from the
compound wall in order to escape. Considering the said
aspect, there is no injury caused by the petitioner on the
complainant. The petitioner is in judicial custody since
15.11.2025 and as major portion of the investigation is
over, he is not required for further custodial interrogation.
8. Considering the above aspects, the petitioner
has made out a case for grant of bail with conditions.
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in Crime
No.338/2025 of Ashok Nagar Police Station registered for
offences under Sections 109, 61 read with Section 3(5) of
Bharatiya Nyaya Sanhita, 2023 subject to following
conditions.
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a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees One
Lakh only) with one surety for the like sum to
the satisfaction of the Jurisdictional Court.
b) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
c) The petitioner shall appear before the trial
Court on all dates of hearing unless exempted by
the Court and cooperate for speedy disposal of
the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 1 Sl No.: 17
