Citation : 2026 Latest Caselaw 643 Kant
Judgement Date : 31 January, 2026
-1-
NC: 2026:KHC:5541
CRL.P No. 16417 of 2025
C/W CRL.P No. 16489 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 16417 OF 2025 (439(Cr.PC) /
483(BNSS))
C/W
CRIMINAL PETITION NO. 16489 OF 2025
IN CRL.P No. 16417/2025
BETWEEN:
1. V LOKESH
S/O VARADARAJU
AGED ABOUT 30 YEARS
R/AT No.1721, 1ST MAIN, 3RD CROSS
BHAKTILINGESHWARANAGARA
MUDALAPALYA, NAGARABHAVI
BANGALORE.
...PETITIONER
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI (BY SRI. G RAKESH RAJ, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. STATE OF KARNATAKA BY
CHANDRA LAYOUT POLICE STATION
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
KARNATAKA HIGH COURT COMPLEX
BENGALURU-560 001.
...RESPONDENT
(BY SMT. WAHEEDA M M, HCGP)
-2-
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CRL.P No. 16417 of 2025
C/W CRL.P No. 16489 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (FILED
UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HIM ON
BAIL IN S.C.No.1344/2025 OF CRIME No.203/2025
REGISTERED PUNISHABLE UNDER SECTIONS
103(1),189(2),191(2),115(2),352,109,190 OF BNS ACT,
REGISTERED BY RESPONDENT CHANDRA LAYOUT POLICE
STATION.
IN CRL.P No. 16489/2025
BETWEEN:
1. SRI NAVAL KISHORE K N
S/O K NARAYANASWAMY
AGED ABOUT 33 YEARS
RESIDING AT No. 12/1, SVG NAGARA
1ST A CROSS, MUDALAPALYA
NAGARABHAVI MAIN ROAD
BANGALORE
...PETITIONER
(BY SRI. SUBRAMANYA H V, ADVOCATE)
AND:
1.THE STATE OF KARNATAKA
BY CHANDRALAYOUT POLICE STATION
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE - 01
...RESPONDENT
(BY SMT. WAHEEDA M M, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO RELEASE THE
PETITIONER ON ANTICIPATORY BAIL IN C.C.No.32076/2025
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1),
189(2), 191(2), 115(2), 352, 109 R/W SECTION 190 OF BNS.
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CRL.P No. 16417 of 2025
C/W CRL.P No. 16489 of 2025
HC-KAR
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. Crl.P. No. 16417/2025 is filed by accused No. 3
under Section 483 of BNSS and Crl.P. No. 16489/2025 is
filed by accused No. 4 under Section 482 of BNSS. Both
the petitions are filed seeking bail/anticipatory bail in
respect of Crime No. 203/2025 of Chandra Layout Police
Station registered for offence punishable under Sections
103(1), 189(2), 191(2), 115(2), 352, 109, 190 of BNS
pending in SC No. 1344/2025 on the file of LXV Additional
City Civil and Sessions Judge, Bengaluru (CCH No. 66).
2. Heard learned counsel appearing for petitioners
in both the petitions and learned HCGP for respondent -
State.
3. Learned counsel for petitioner in Crl.P. No.
16417/2025 - accused No. 3 would contend that accused
Nos. 1, 2, 5 and 6 have been granted bail. Petitioner -
accused No. 3 is similarly placed to that of accused Nos. 1
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and 2 who have been granted bail. The allegation against
the petitioner - accused No. 3 and accused Nos. 1 and 2 is
assaulting the deceased with the hands. Considering the
same, petitioner - accused No. 3 is entitled for grant of
bail on the ground of parity. As chargesheet is filed,
petitioner - accused No. 3 is not required for custodial
interrogation. There are no criminal incidents of petitioner
- accused No. 3. With this, he prayed to allow the petition.
4. Learned counsel appearing for petitioner in
Crl.P. No. 16489/2025 - accused No. 4 would contend that
the allegation against petitioner - accused No. 4 in the
chargesheet is that he assaulted C.W.3 with hands.
Statement of C.W.3 has been recorded under Section 183
of BNSS wherein he has not alleged any assault by this
petitioner - accused No. 4 on him. Said C.W.3 has not
taken any treatment and no wound certificate of him is
produced. Accused Nos. 5 and 6 who are similarly placed
to that of this petitioner - accused No. 4 have been
granted bail. With this, he prayed to allow the petition.
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HC-KAR
5. Per contra, learned HCGP would contend that
serious overt acts are alleged against the petitioners. The
offence alleged against the petitioners is a heinous
offence. Chargesheet material indicate prima facie case
against the petitioners for offences alleged against them.
With this, she prayed for rejection of the petitions.
6. Having heard learned counsel for the parties,
the Court has perused charge sheet and other materials
placed on record.
7. This Court while granting bail to accused Nos. 1
and 2 in the order dated 18.12.2025 passed in Crl.P. No.
14690/2025 has observed as under:
"6. Cl.No.17 of the charge sheet indicates that there was quarrel between accused No.1, deceased and C.W.2 to C.W.4. Accused No.1 has secured accused Nos.2 to 6. Accused No.1 assaulted the deceased with fist on his face and neck and he fell down and sustained head injury due to fall on the ground. The charge sheet materials indicate that the accused No.1, deceased and C.W.2 had consumed alcohol and
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HC-KAR
they were under intoxication. The cause of death of the deceased as per post mortem report is due to head injury. The petitioner No.1 -accused No.1 has not used any weapon to assault the deceased. The deceased died after 13 days of the incident in the hospital. As the incident took place in sudden quarrel, it cannot be said at this stage that the petitioner -accused No.1 had intention to kill the deceased. There are no criminal antecedents of accused No.1."
8. The accusation against accused No. 3 is that
he and accused Nos. 1 and 2 assaulted the deceased with
hands. The accusation against the petitioner - accused No.
3 and accused Nos. 1 and 2 is similar. Therefore, accused
No. 3 is entitled for grant of bail on the ground of parity.
There are no criminal incidents of accused No. 3.
Considering the same, he is entitled for grant of bail with
conditions.
9. The accusation against accused No. 4 is that he
has assaulted C.W.3 with the hands. The statement of
C.W.3 recorded under Section 183 of BNSS does not
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HC-KAR
indicate any assault on him by any of the accused.
Accused Nos. 5 and 6 who are stated to have assaulted
C.W.4 and C.W.2 respectively have been granted bail by
this Court. There are no criminal antecedents of petitioner
- accused No. 4. Considering the above aspect, petitioner -
accused No. 4 is entitled for grant of anticipatory bail with
conditions.
10. In the result the following
ORDER
Both petitions are allowed. Petitioner in Crl.P. No.
16417/2025 - accused No. 3 is granted bail and petitioner
in Crl.P. No. 16489/2025 - accused No. 4 is granted
anticipatory bail in Crime No. 203/2025 of Chandra Layout
Police Station pending in SC No. 1344/2025 on the file of
LXV Additional City Civil and Sessions Judge, Bengaluru
(CCH No. 66) subject to following conditions;
I. Accused Nos. 3 and 4 shall execute a personal bond
for a sum of Rs.1,00,000/- with one surety for the
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like sum for the satisfaction of the jurisdictional
Court.
II. Accused No. 4 shall voluntarily appear before the
Committal Court within 15 days from this day and
execute bail bond and furnish a surety.
III. Accused Nos. 3 and 4 shall not tamper the
prosecution witnesses either directly or indirectly.
IV. Accused Nos. 3 and 4 shall attend the trial Court on
all dates hearing unless exempted and cooperate
for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 17 Ct.sm
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