- 1 - HC-KAR NC: 2026:KHC:7879 CRL.P No. 47 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 47 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SRIKANTHA G.K S/O KEMPEGOWDA AGED ABOUT 35 YEARS RESIDING AT KABBALI VILLAGE HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 116 …PETITIONER (BY SRI. FAYAZ SAB B.G, ADVOCATE) AND: THE STATE OF KARNATAKA S.H.O, KUDUR POLICE STATION MAGADI SUB DIVISION BENGALURU SOUTH DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.0287/2025 REGISTERED BY THE RESPONDENT KUDUR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 118(1), 109, 49, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7879 CRL.P No. 47 of 2026 61(1) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE I ADDL.CIVIL JUDGE AND JMFC COURT, MAGADI, RAMANAGARA DISTRICT. 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.3 under Section 483 of BNS is praying to grant bail in Crime No.287/2025 of Kudur Police Station registered for offences punishable under Sections 118(1), 109, 49, 61(1) read with Section 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for the petitioner would contend that there was civil dispute between accused No.1 and defacto complainant in O.S.No.309/2024 and temporary injunction has been granted in the said suit on 14.10.2025 restraining the defacto complainant and others from interfering in possession of the plaintiffs over the suit - 3 - HC-KAR NC: 2026:KHC:7879 CRL.P No. 47 of 2026 properties. The injured has been discharged from the hospital and he is out of danger. The investigation is over and charge sheet has been filed and therefore, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent -State would contend that the vehicle which was used to dash C.W.2 is in the name of this petitioner. C.W.2 and 3 are injured and C.W.4 and C.W.6 are eyewitnesses to the incident. The eyewitnesses have specifically stated the acts of this petitioner, dashing the Bolero vehicle towards C.W.2 in order to kill him. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. The wound certificate indicates that C.W.2 has sustained grievous injury. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:7879 CRL.P No. 47 of 2026 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that there was civil dispute with regard to agricultural land between accused Nos.1 and 2 and C.W.2. Accused Nos.1 and 2 with accused Nos.3 and 4 have planned to kill C.W.2. In furtherance of the said plan, accused Nos.3 and 4 drove Bolero vehicle bearing No.KA - 34 M -2227 by removing its number plate and dashed to C.W.2’s -two wheeler. He fell down and sustained severe injuries. On seeing the said incident, C.W.3 to C.W.6 were given water to C.W.2. At that time, again accused Nos.3 and 4 in the said Bolero vehicle came in high speed and stating that he is not yet died, tried to run over the said vehicle on C.W.2 and when C.W.3 and C.W.4 have saved C.W.2, in that aspect, C.W.3 has sustained injury to his left toe. Accused Nos.1 and 2 stated to have been granted bail by the Sessions Court. The copy of the plaint indicates - 5 - HC-KAR NC: 2026:KHC:7879 CRL.P No. 47 of 2026 that there is civil dispute between accused No.1 and defacto complainant. The wound certificate indicates that the C.W.2 has sustained grievous injury and has been discharged from the hospital and out of danger. C.W.3 to C.W.6 are eyewitnesses to the incident and C.W.2 and C.W.3 are injured. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner is undertaken to appear before the trial Court on all dates of hearing and abide by any conditions to be imposed by this Court. Considering the above aspect, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2026:KHC:7879 CRL.P No. 47 of 2026 ii) The petitioner is granted bail in Crime No.287/2025 of Kudur Police Station subject to following conditions: a) The petitioner –accused No.3 shall execute a bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.3 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused No.3 shall attend the trial court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 38