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2026 DAILYLAW 1773 (KAR)

KOUSHIK NIHAL v. THE STATE OF KARNATAKA

CRL.P/15753/2025 · 2026-03-13

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15084 CRL.P No. 15753 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15753 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: KOUSHIK NIHAL S/O. ABDUL KHADER, AGED ABOUT 25 YEARS, R/AT. VALACCHIL HOUSE, NEAR VALACCHIL DARGA, ARKULA VILLAGE, FARANGIPETE POST, MANGALURU TALUK D.K-574143. … PETITIONER (BY SRI. T.RADHAKRISHNA SHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA BY MANGALURU RURUAL POLICE STATION, MANGALURU D.K DISTRICT (REPRESENTED BY STATE PUBLIC PROSECUTOR), HIGH COURT OF KARNATAKA, BENGALURU-576001. … RESPONDENT (BY SMT. PUSHPALATA B., ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT AN ORDER OF BAIL TO THE PETITIONER, IN CRIME NO 0069/2022 REGISTERED BY MANGALURU RURAL POLICE STATION, MANGALURU UNDER SECTION 504, 506, 307, 34 OF IPC IN SC NO.204/2023 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, DK MANGALURU, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2026:KHC:15084 CRL.P No. 15753 of 2025 ORAL ORDER 1. This Criminal Petition is filed by accused No.1 under Section 439 of the Code of Criminal Procedure seeking regular bail in Crime No.69/2022 of Mangaluru Rural Police Station, registered for the offences punishable under Sections 504, 506, 307 and 34 of the IPC, now pending in S.C. No.204/2023 on the file of the III Additional District and Sessions Judge, D.K., Mangaluru. 2. Heard the learned counsel for the petitioner and the learned Addl. SPP appearing for the respondent – State. 3. The petitioner was earlier granted bail. Thereafter, upon the filing of the charge sheet, the matter came to be committed to the Sessions Court. On 02.01.2024, the learned counsel for the petitioner files vakalath for the petitioner and thereafter on 06.02.2024, the petitioner remained absent and Non-Bailable Warrant (NBW) was issued against him. The said NBW has been executed and the petitioner was secured on 02.06.2025 and remanded to judicial custody. Since then, the petitioner has been in judicial custody. The petitioner has - 3 - HC-KAR NC: 2026:KHC:15084 CRL.P No. 15753 of 2025 now deposited a sum of ₹20,000/- towards the forfeited bond amount of ₹1,00,000/-. It is submitted that the petitioner could not appear before the trial Court earlier due to his ill-health and the ill health of his mother. The petitioner has undertaken to appear before the Court on all future hearing dates and to abide by any conditions imposed by this Court. 4. Considering the above aspects, this Court is of the considered opinion that the petitioner has made out a case for grant of bail with following: ORDER (i) Accordingly, the petition is allowed. (ii) The petitioner is granted bail in S.C. No.204/2023 arising out of Crime No.69/2022 of Mangaluru Rural Police Station, subject to the following conditions: (a) The petitioner shall execute a personal bond for a sum of ₹1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. - 4 - HC-KAR NC: 2026:KHC:15084 CRL.P No. 15753 of 2025 (b) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly. (c) The petitioner shall appear before the Trial Court on all dates of hearing and cooperate for the speedy disposal of the case. The amount of ₹20,000/- deposited by the petitioner before the Trial Court in S.C. No.204/2023 on 03.03.2026 is ordered to be appropriated to the State towards the forfeited amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VNP / CT: VH List No.: 19 Sl No.: 3