- 1 - HC-KAR NC: 2026:KHC:8358 CRL.P No. 16435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16435 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. JAYASHANKAR ALIAS JOCKY S/O LATE MANJUNATH AGED ABOUT 22 YEARS R/A NO.1, 1ST MAIN 3RD CROSS, NEAR AMOGA HOTEL PREETHI NAGAR, LAGGERE BANGALORE-560 058 2. KUSHAL S S/O LATE SHIVAKUMAR AGED ABOUT 20 YEARS R/A NO.28, OPP. SANDEEP BAR 3RD MAIN, KURUBARAHALLI BANGALORE-560 086 …PETITIONERS (BY SRI. G. RAKESH RAJ, ADVOCATE) AND: STATE OF KARNATAKA RAJGOPALANAGAR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT COMPLEX BENGALURU-560 001 …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8358 CRL.P No. 16435 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN S.C.NO.1485/2025 OF CRIME NO.284/2025 REGISTERED BY RESPONDENT RAJAGOPALANAGARA POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109,190,103(1),351(2),351(3) AND 352 OF BNS 2023 R/W SEC.25(1B)(b) ARMS ACT, PENDING BEFORE THE LX ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-61) BENGALURU CITY. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos. 4 and 5 under Section 483 of the BNSS praying to grant bail in S.C.No.1485/2025 (Crime No.284/2025 of Rajagopalanagar Police Station), registered for offences under Section 109, 190, 103(1), 351(2), 351(3), 352 of BNS pending on the file of LX Additional City Civil and Sessions Judge, Bangalore, (CCH-61). 2. Heard the learned counsel for the petitioners and learned HCGP for respondent – State. - 3 - HC-KAR NC: 2026:KHC:8358 CRL.P No. 16435 of 2025 3. Learned counsel for the petitioners would contend that the MLC intimation indicates that the deceased was admitted to the hospital with a history of RTA i.e. skid and fall from two wheeler with a pillion rider, followed by assault by 10 persons with rods and sharp objects. There is no overt act alleged against the petitioners assaulting deceased - Arun Kumar. The allegation against accused No.4 is assaulting CW.21-Rohith with wooden reapes on his head and body. The said Rohith has sustained two injuries. Out of them, one is grievous and another one is simple in nature, and he is out of danger. The statements of CWs.4 and 21 who are eyewitnesses to the incident does not indicate any overt act against accused No.5. As the charge sheet is filed, the petitioners are not required for further custodial interrogation. There are no criminal antecedents of the petitioners. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that in the alleged incident CW.21 has sustained two injuries, one - 4 - HC-KAR NC: 2026:KHC:8358 CRL.P No. 16435 of 2025 on head and it is a grievous injury and another one is abrasions over right knee and it is a simple injury. The statement of CW.4 and 21 eyewitnesses indicate that the petitioners were present on the spot at the time of the incident and they participated in alleged crime. The CCTV footage of the incident has been collected which indicate the presence of the petitioners participating in alleged crime. The charge sheet material show prima-facie case against the petitioners for the offences alleged against them. With this she prays to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that on 19.07.2025 at about 10.30 p.m. accused Nos.1 to 5 and juvenile accused stopped deceased - Arun Kumar, abused him in filthy language, at that time, the deceased tried to escape. At that time accused No.2 assaulted the deceased on his head with machete and he fell down. Accused No.1 kicked - 5 - HC-KAR NC: 2026:KHC:8358 CRL.P No. 16435 of 2025 him on his stomach, juvenile accused assaulted the deceased with club on his head and leg. Accused No.4/petitioner No.1 assaulted Rohith (CW.21) with wooden reapes on his head and other parts. Accused No.3 assaulted both of them with wooden reapes on head, ear. CW.4 went to pacify the quarrel, at that time, accused No.1 slapped on the cheek of CW.4 with hand. At that time, CWs.5 and 6 came to the spot and were watching the quarrel and accused No.1 and his friends went to assault them and they ran away. 7. Considering the above aspects, the overt act alleged against petitioner No.1/accused No.4 is assault with wooden reapes on the head and body of CW.21 - Rohith. CW.4 and CW.21 have stated regarding the said overt act of petitioner No.1/accused No.4 in their statements. The wound certificate of Rohit indicates that he has sustained two injuries. Out of them, injury No.1 on his head is grievous in nature and he has sustained multiple small abrasions over his right knee, which is - 6 - HC-KAR NC: 2026:KHC:8358 CRL.P No. 16435 of 2025 simple injury. The said CW.21 has been discharged from the hospital and he is out of danger. 8. Petitioner No.2/accused No.5 even though were stated to be present on the spot, but no overt act is alleged against him. Considering the same, he is entitled for grant of bail. As the charge sheet is filed, the petitioners are not required for further custodial interrogation. There are no criminal antecedents of the petitioners. The petitioners have undertaken to appear before the trial Court and abide by any conditions to be imposed by this Court. 9. Considering the above aspects, the petitioners have made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioners are granted bail in S.C.No.1485/2025 (Crime No.284/2025 of Rajagopalanagar Police Station), pending on the file of LX - 7 - HC-KAR NC: 2026:KHC:8358 CRL.P No. 16435 of 2025 Additional City Civil and Sessions Judge, Bangalore, (CCH- 61), subject to following conditions: (i) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each, with one surety for the like-sum to the satisfaction of the trial Court. (ii) Petitioners shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioners 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 DKB List No.: 1 Sl No.: 59