- 1 - HC-KAR NC: 2026:KHC:8725 CRL.P No. 12995 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12995 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. RAJESH @ RAKESH S/O LATE SRI. CHINNA AGED ABOUT 21 YEARS R/AT S.T.BLOCK, OORGAUM POST KOLAR GOLD FIELDS-563 120 …PETITIONER (BY SRI. PATTABI RAMAN C, ADVOCATE) AND: STATE OF KARNATAKA BY OORGAUM POLICE KOLAR GOLD FIELDS-563 117 …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTIONS 439 OF CR.P.C (FILED UNDER SECTIONS 483 OF BNNS) PRAYING TO ALLOW THE PETITION BY RELEASING THE PETITIONER / ACCUSED NO.5 IN CR.NO.48/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2),115(2),132,121(1),109,352,351(2) R/W 190 OF BNS 2023 REGISTERED BY THE OORGAUM POLICE KOLAR GOLD FIELDS PENDING BEFORE THE LEARNED ADDL.CIVIL JUDGE AND J.M.F.C AT K.G.F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8725 CRL.P No. 12995 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.5 under Section 483 of BNSS praying to grant bail in Crime No.48/2025 of Oorgaum Police Station, for the offence punishable under Sections 189(2), 115(2), 132, 121(1), 109, 352, 351(2), and 190 of BNS. 2. Heard learned counsel for the petitioner and the learned High Court Government Pleader for respondent. 3. Learned counsel for petitioner would contend that, accused Nos.2, 3 and 6 were granted bail by this Court by order dated 03.11.2025 in Crl.P.No.12702/2025. The petitioner is also placed similar to that of accused Nos.2, 3 and 6 who are granted bail and therefore, he is entitled for grant of bail on the ground of parity. The allegation against the petitioner is assaulting the complainant and another with hands. Now the charge sheet has been filed and therefore, the petitioner is not - 3 - HC-KAR NC: 2026:KHC:8725 CRL.P No. 12995 of 2025 required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that the petitioners alleged to have assaulted police constable and obstructed them when they were on duty to secure accused No.1, who has violated the order of externment. The first informant, Ramesh has sustained four injuries and another person Ashok has sustained three injuries and out of the same one injury is said to be grievous in nature. If the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses. With these, he prayed to reject the petition. 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2026:KHC:8725 CRL.P No. 12995 of 2025 6. This Court in the order dated 03.11.2025 passed in Crl.P.No.12702/2025 while granting bail to accused Nos.2, 3 and 6 has observed as under: 6. It is the case of the prosecution that the first informant Ramesh and Ashok who are police constables were on duty on 08.08.2025 to secure accused No.1 who violated order of externment. At that time, the said accused No.1 and the petitioners who are accused Nos.2, 3 and 6 and other accused persons assaulted the said two police constables who were on duty and obstructed them from discharging their duties and attempted to kill the said Ramesh. The petitioners were arrested on 21.08.2025 and they are in judicial custody. Charge sheet has been filed and therefore petitioners are not required for further custodial interrogation. Ramesh has sustained 4 simple injuries and Ashok has sustained 3 injuries, and out of that 1 injury is grevious in nature. Whether the petitioners have attempted to kill the injured is the matter of trial. The petitioners are women and there are no criminal antecedents of the petitioners. 7. The allegation against accused Nos. 2, 3 and 6 is assault to the complainant and another with hands and - 5 - HC-KAR NC: 2026:KHC:8725 CRL.P No. 12995 of 2025 obstructed them from discharging their duties and attempted to kill the said Ramesh. The allegations against petitioner is also similar to allegations of accused Nos.2, 3 and 6. The petitioner has been arrested on 14.08.2025. As the charge sheet is filed, he is not required for further custodial interrogation. Whether the petitioner and other accused attempted to kill the injured is a matter of trial. The petitioner has no criminal antecedents. The petitioner has undertaken to appear before the trial Court and abide by any conditions to be imposed by this Court. 8. Considering all these aspects, the petitioner has made out case for grant of the bail with conditions. In the result, the following: ORDER The criminal petition is allowed. The petitioner is granted bail in Crime No.48/2025 of Oorgaum police station, subject to following conditions: - 6 - HC-KAR NC: 2026:KHC:8725 CRL.P No. 12995 of 2025 i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. ii) The petitioner shall not tamper the prosecution witnesses, either directly or indirectly. iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 5