- 1 - HC-KAR NC: 2026:KHC:13597 CRL.P No. 2389 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2389 OF 2026 (439(Cr.PC) /483(BNSS)) BETWEEN: LUKITH R @ LUKI S/O RAMU BABU, AGED ABOUT 20 YEARS, R/AT NEAR CHOWDESHWARI TEMPLE, 2ND CROSS, SHANKARAPURA EXTN, CHIKKAMAGALURU DISTIRCT – 577 101. …PETITIONER (BY SRI. GIRISH B BALADARE.,ADVOCATE) AND: THE STATE OF KARNATAKA BY CHIKKAMAGALURU TOWN POLICE STATION CHIKKAMAGALURU DIST – 577 101 REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13597 CRL.P No. 2389 of 2026 HIGH COURT BUILDING BANGALORE – 560 001 …RESPONDENT (BY SRI. LAXMAN B., ADVOCATE) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.222/2025 REGISTERED BY THE CHIKKAMAGALURU TOWN P.S. FOR THE OFFENCE P/U/S 352, 115(2), 126(2), 109(1) R/W 3(5) OF BNSS 2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DIV) AND C.J.M COURT AT CHIKKAMAGALURU, ON SUCH TERMS AND CONDITIONS DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13597 CRL.P No. 2389 of 2026 ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.1 in Crime No.222/2025 filed by the respondent – Police for the offences punishable under 352, 115(2), 126(2), 109(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that the complainant had been to Akshaya Bar and Restaurant situated at Adishakthinagara, when he was standing by the side of a table to have drinks, beside the table, the accused persons were also consuming alcohol in another table, Accused No.1 and others picked up a quarrel with the complainant stating that why he was staring at them. The petitioner herein had assaulted the complainant on his face and other parts of the body and also took the knife and assaulted on the left rib and thereafter, again, he stabbed on the chest and caused bleeding injuries. Consequently, the accused was arrested and produced before the Magistrate on 29.05.2025. The investigation is under progress. - 4 - HC-KAR NC: 2026:KHC:13597 CRL.P No. 2389 of 2026 3. Heard Sri. Girish S. Baladare, learned counsel for the petitioner and Sri. Laxman B., learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioner submits that the incident had occurred at a spur of moment and the petitioner had no intention to commit murder of the deceased. There is no motive behind this incident. The complainant, accused and others were in the said bar and they were consuming alcohol. They were under the influence of alcohol/intoxicated mind. 5. It is further submitted that the petitioner is aged about 20 years and he is the resident of Shankarapura Extension, Chikkamagaluru. He is the earning member of the family. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per Contra, the learned High Court Government Pleader for respondent vehemently submitted that the manner in which the petitioner had assaulted the complainant would indicate that the petitioner was dominating against the - 5 - HC-KAR NC: 2026:KHC:13597 CRL.P No. 2389 of 2026 complainant even on small/petty reasons. The weapons used by the petitioner would indicate that he had intention to commit murder of the complainant. Keeping the lethal weapon along with him would show that he had bad intention to do the said act. Hence, if the petitioner is enlarged on bail, there may be chances of threatening the prosecution witness and also chances of committing similar offence. Therefore, it is not appropriate to grant him bail. Making such submissions learned High Court Government Pleader prays to reject the petition. 7. Having heard learned counsel for the respective parties and perused the averments of the complaint, It would indicate that the complainant had been to the bar and restaurant to consume alcohol. He was on the side of the table to have liquor. The petitioner was consuming alcohol along with his friends and was sitting next to the table, where the complainant was standing. There was a quarrel between the complainant and the petitioner as to why he was staring at him. The petitioner herein had picked up a quarrel, assaulted the complainant and later, he took out the knife and stabbed on different parts of the body and caused bleeding injuries. The - 6 - HC-KAR NC: 2026:KHC:13597 CRL.P No. 2389 of 2026 manner in which the petitioner had caused injuries would certainly indicate the gravity of the offence. Having considering the nature of offence and gravity thereof, it is not appropriate to grant the bail. 8. Hence, I proceed to pass the following: ORDER i. The petition stands rejected. Sd/- (S RACHAIAH) JUDGE NM