[Cites 5, Cited by 0]
Karnataka High Court
Sri Somesha C.G vs State Of Karnataka on 3 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:6175
CRL.P No. 17413 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. 17413 OF 2025
(439(Cr.PC) / 483(BNSS)-)
BETWEEN:
1. SRI SOMESHA C G
S/O GANGADHARAPPA
AGED ABOUT 35 YEARS
R/A CHEEGATAGERE VILLAGE
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT-563125
...PETITIONER
(BY SRI. DEVENDRA N.,ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
1. STATE OF KARNATAKA
Location: HIGH COURT BY GOWRIBIDANUR RURAL
OF KARNATAKA
POLICE STATION
CHIKKABALLAPUR
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001
...RESPONDENT
(BY SRI. M R PATIL, HCGP)
-2-
NC: 2026:KHC:6175
CRL.P No. 17413 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S
483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN
SC.NO.81/2025 IN CR.NO.148/2025 OF GOWRIBIDANUR
RURAL P.S., CHIKKABALLAPUR DISTRICT (RESPONDENT
HEREIN) ON THE FILE OF I ADDITIONAL DISTRICT AND
SESSIONS JUDGE, CHIKKABALLAPUR, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 103(1), 109(1) READ WITH
3(5) 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 No.2 under Section
483 Bharatiya Nagarik Suraksha Sanhita, 2023 praying to
grant bail in SC No.81/2025 (Crime No.148/2025 of
Gowribidanur Rural Police Station, Chikkabalapura)
pending on the file of the learned I Additional District and
Sessions Judge, Chikkaballapura registered for offences
under Sections 103(1), 109(1) 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.
NC: 2026:KHC:6175
HC-KAR
3. The learned counsel for the petitioner would
contend that the accusation against this petitioner/accused
No.2, as reflected in Column No.17 of the charge sheet, is
that he assaulted CW1 with a sickle on his back, causing a
simple injury, further assaulted CW1 with a club causing
injury, and also assaulted CW2, thereby causing injuries to
his right hand and little finger. The injuries sustained by
CW1 and CW2 are simple in nature and not on vital parts.
The petitioner is in judicial custody since 15.05.2025 and
as charge sheet is filed, he is not required for further
custodial interrogation. There are no criminal antecedents
of the petitioner. With this, he prayed to allow the petition.
4. Per contra, the learned High Court Government
Pleader for respondent/State would contend that CW1 and
CW2 are injured persons and CW3 is the eyewitness to the
incident. The petitioner has assaulted with sickle on the
back of CW1, caused severe injury, and also assaulted
CW1 with club on his body, and assaulted CW2 and caused
NC: 2026:KHC:6175
HC-KAR
injury to his right little finger. The charge sheet and other
materials show a prima facie case against the accused
No.2 for the offence alleged against him. With this, he
prayed to reject the petition.
5. Having heard the learned counsel, the Court
has perused the charge sheet and other materials placed
on record.
6. As per the charge sheet, the case of
prosecution is that on 14.05.2025 at about 3.00 p.m.,
when CW1 went to his land to supply water to the crops,
accused Nos. 1 and 2 restrained him by stating that they
would not allow the supply of water to the crops.
Thereafter, CW1 started working in his land. At about
05.30 p.m. CW2 and the deceased/Gangaraju came inside
the land and asked accused Nos.1 and 2 why they are not
allowing CW1 to supply water to the crops. At that time,
accused No.1 assaulted the said Gangaraju with sickle on
his left thigh and caused his death. At that time,
NC: 2026:KHC:6175
HC-KAR
petitioner/ accused No.2 has assaulted CW1 with sickle on
his back caused simple injury, assaulted CW1 with club
and assaulted CW2 and caused injury to his little finger.
7. Upon perusal of wound certificate of CW1, he
has sustained cut lacerated wound over left palm and left
lower back and they are stated to be simple in nature.
Even the wound certificate of CW2 indicates that he has
sustained cut lacerated wound over right hand and it is
stated to be simple in nature. The said injuries sustained
by CW1 and CW2 are not on vital part. CW1 and CW2 are
out of danger. There is no allegation against the petitioner
assaulting the deceased. The said allegation of assaulting
the deceased and causing his death is against accused
No.1. As the charge sheet is filed, the petitioner is not
required for custodial interrogation. There are no criminal
antecedents of the petitioner.
8. Considering the above aspects, the petitioner
has made out a case for grant of bail with conditions.
NC: 2026:KHC:6175
HC-KAR
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in SC No.81/2025
(Crime No.148/2025 of Gowribidanur Rural Police Station)
pending on the file of the learned I Additional District and
Sessions Judge, Chikkaballapura District subject to
following conditions.
a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- 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) Te petitioner shall attend the Trial Court on
all dates hearing unless exempted and cooperate
for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 1 Sl No.: 20
