Citation : 2026 Latest Caselaw 590 Kant
Judgement Date : 29 January, 2026
-1-
NC: 2026:KHC:5088
CRL.P No. 17699 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17699 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
1. SRI. RAGHU @ KOTTHI (RAGHUPATHI.N)
S/O. NARAYANASWAMYH,
AGED ABOUT 41 YEARS,
RESIDING AT 1ST CROSS, SHANKARAPURA,
NANJANAGUD NAGARA,
MYSURU DISTRICT - 571 301.
2. SRI. KARTHIK
S/O MAHADEVA,
AGED ABOUT 27 YEARS,
RESIDING AT NO.4268, 2ND CROSS,
SHANKARAPURA, NANJANAGUD,
MYSURU DISTRICT - 571 301.
...PETITIONERS
(BY SRI. RAJANNA C., ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI AND:
Location: HIGH
COURT OF
KARNATAKA
1. STATE OF KARNATAKA
BY NANJANAGUDU POLICE STATION,
NANJANAGUDU, MYSURU DISTRICT,
REPRESENTED BY ITS S.P.P.,
HIGH COURT BUILDING,
BANGALORE - 560 001.
...RESPONDENT
(BY SMT. WAHEEDA M.M. HCGP)
-2-
NC: 2026:KHC:5088
CRL.P No. 17699 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THEM ON
BAIL IN CRIME NO.0107/2025 OF NANJANAGUDU POLICE
STATION, NANJANAGUDU FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3),
126(2), 109, 118(1) READ WITH SECTION 190 OF BNS,
PENDING ON THE FILE OF CIVIL JUDGE AND JMFC
NANJANAGUDU.
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 7 under
Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023
praying to grant bail in Crime No.107/2025 of
Nanjanagudu Police Station registered for offences
punishable under Sections 189(2), 191(2), 191(3),
126(2), 109, 118(1) read with Section 190 of Bharatiya
Nyaya Sanhita, 2023.
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HC-KAR
2. Heard learned counsel for petitioners and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioners would contend
that, the injured has been discharged from the hospital
and is out of danger. Even though there is allegation
against accused No.1 assaulting with a deadly weapon on
the injured and causing injury to his left hand and he has
been granted anticipatory bail by the Sessions Court. The
name of petitioner No.2/accused No.7 is not mentioned in
the FIR/complaint. The trial Court has rejected the bail
petition of the petitioners only on the ground that they
have admitted that they have assaulted with deadly
weapon on the complaint/injured. The major portion of the
investigation is over and therefore, the petitioners are not
required for further custodial interrogation. There are no
criminal antecedents of the petitioners. With these, he
prayed to allow the petition.
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HC-KAR
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the serious
overtact is alleged against petitioner No.1/accused No.2 of
assault with long chopper and causing injury to the left
hand ring finger. There is a seizure of iron long chopper
and iron pipe. There is a seizure of bike at the instance of
petitioner No.2/accused No.7. The investigation is in
progress. The injured has sustained a grievous injury.
With these, she prayed for dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
6. As per averments of the complaint, on
21.11.2025 at about 9.00 p.m., accused Nos.1 to 6 were
waiting on the road for the complainant. When the
complainant went there, petitioner No.1/accused No.2 was
holding the long chopper and he obstructed for movement
of his bike and at that time, all other persons were holding
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HC-KAR
long chopper, dagger and club. At that time, accused No.1
assaulted him on his head and he put his left hand and it
caused injury to his middle finger. Petitioner No.1/Accused
No.2 assaulted him with long chopper on his head and to
protect him, he put his left hand and it caused injury to his
left hand ring finer. Accused No.3 assaulted him with
dagger on his stomach, accused No.4 assaulted him with
dagger on left side of chest, accused No.5 threw chilli
powder and accused No.6 assaulted him with club on his
body. Accused Nos.1, 3 to 6 have been granted
anticipatory bail by the Sessions Court. There are serious
overtacts alleged against the accused Nos.1, 3, 4 and 6.
There are similar allegations against these petitioners
assaulting the injured with long chopper. The Sessions
Court has rejected the bail petition of these petitioners
only on the ground that they have admitted in their
voluntary statement of assaulting the injured with
machete and dagger on the complainant/injured. The
injured who has sustained a fracture of his finger has been
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HC-KAR
discharged from the hospital and he is out of danger. The
petitioners are in judicial custody since 22.11.2025 and as
the major portion of the investigation is over, they are not
required for further custodial interrogation. There are no
criminal antecedents of the petitioners.
7. Considering all the above aspects, the
petitioners have made out a case for grant of bail with
conditions. In the result, the following;
ORDER The Criminal Petition is allowed. The petitioners are
granted bail in Crime No.107/2025 of Nanjanagudu Police
Station, subject to following conditions:
i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly.
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iii) The petitioners 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
KLV List No.: 1 Sl No.: 21
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