Shivakumar vs The State Of Karnataka
2026 Latest Caselaw 2114 Kant

Citation : 2026 Latest Caselaw 2114 Kant
Judgement Date : 10 March, 2026

[Cites 6, Cited by 0]

Karnataka High Court

Shivakumar vs The State Of Karnataka on 10 March, 2026

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                                                             NC: 2026:KHC-K:2262
                                                        CRL.P No. 200142 of 2026


                      HC-KAR



                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 10TH DAY OF MARCH, 2026

                                              BEFORE
                               THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL PETITION NO. 200142 OF 2026
                                       (439(Cr.PC)/483(BNSS))
                      BETWEEN:

                      SHIVAKUMAR
                      S/O VISHWANATH YEDVE
                      AGE: 33 YEARS, OCC: LABOUR
                      R/O. SHETKAR GALLI, AURAD-B
                      TQ: AURAD-B, DIST: BIDAR-585326
                                                              ...PETITIONER
                      (BY SRI. KADLOOR SATYANARAYANACHARYA, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA
Digitally signed by   THROUGH AURAD POLICE STATION
SHIVALEELA
DATTATRAYA            AURAD, DIST: BIDAR-585326
UDAGI                 (REP. BY ASPP, HCK KLB-585107)
Location: HIGH
COURT OF                                                          ...RESPONDENT
KARNATAKA             (BY SRI.VEERANAGOUDA MALIPATIL, HCGP)

                           THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
                      BNSS (NEW), PRAYING TO ALLOW THE PETITION AND GRANT
                      REGULAR    BAIL   TO   ACCUSED/PETITIONER     IN    CRIME
                      NO.160/2025 FOR THE OFFENCES PUNISHABLE U/SEC. 109(1),
                      351(2) AND 352 OF BNS, 2023, OF AURAD PS, PENDING ON
                      THE FILE OF SENIOR CIVIL JUDGE, AURAD.

                          THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
                      ORDER WAS MADE THEREIN AS UNDER:
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                                         NC: 2026:KHC-K:2262
                                    CRL.P No. 200142 of 2026


HC-KAR



CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                       ORAL ORDER

This petition is filed under Section 483 of Bharatiya

Nagarik Suraksha Sanhita, 2023, by the

petitioner/accused for grant of bail in Crime No.160/2025,

registered by Aurad Police, for the offences punishable

under Sections 109(1), 351(2) and 352 of Bharatiya

Nyaya Sanhita, 2023, presently pending on the file of

Senior Civil Judge Aurad.

2. The factual matrix of the case is that, on the

basis of the complaint filed by Yunus Khan, Aurad Police

have registered the case in Crime No.160/2025 against

the accused for the aforesaid offences. The accused was

arrested on 14.12.2025 and produced before the Court

and remanded to judicial custody. The remand of the

accused was being extended from time to time. The

accused is still in judicial custody. After investigation, the

Investigating Officer has submitted the charge sheet

against the accused for the aforesaid offences. Being

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aggrieved by the same, the petitioner filed bail petition in

Criminal Misc.No.627/2025 before the Principal District

and Sessions Judge, Bidar, which was rejected by order

dated 03.01.2026. Hence, the petitioner preferred this

petition seeking for grant of regular bail.

3. Heard the learned counsel for the petitioner and

the learned HCGP for respondent-State.

4. Learned counsel appearing on behalf of the

petitioner would submit that the injured has already been

discharged from the hospital. Wound certificate is also

produced. He further submits that, the accused is not

required for custodial interrogation as the investigating

officer has already submitted charge sheet against the

accused and the alleged commission of offences are not

punishable with death or imprisonment for life.

Accordingly, he prays to allow the bail petition.

5. It is also submitted that now the case was

registered in C.C.No.44/2026 and case has already

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committed to the Court of Sessions and registered the

case as Spl.C.No.21/2026 pending on the file of Principal

District and Sessions Court, Bidar.

6. Per contra, the learned HCGP for respondent -

State opposed to the bail petition.

7. I have examined the materials placed before

this Court.

8. Taking into consideration the completion of

investigation, previous antecedents of the accused, nature

and gravity of offence, discharge of the injured from the

hospital so also nature of injuries caused to the injured, it

is just and proper to allow the petition with conditions.

Accordingly, I proceed to pass the following;

ORDER

The petition is allowed.

The petitioner/accused is directed to be enlarged

on bail in Crime No.160/2025, registered by Aurad

Police, for the offences punishable under Sections

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109(1), 351(2) and 352 of Bharatiya Nyaya Sanhita,

2023, subject to the following conditions:

(a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the Sessions Court (in S.C.No.21/2026);