Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25454 CRL.P No. 4196 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.4196 OF 2026(439(Cr.PC)/ 483(BNSS)) BETWEEN:
SRI. HEMANTH, S/O. SRI. RAMESH, AGED ABOUT 24 YEARS, R/AT VASU BUILDING, BEHIND SLV CHICKEN CENTER, ARALI MARA CIRCLE, GANGONDANAHALLI, BENGALURU-560098.
(NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. PRAKASHA. M, ADVOCATE) AND:
THE STATE OF KARNATAKA, REPRESENTED BY STATION HOUSE OFFICER, BYADARAHALLI POLICE STATION, BENGALURU-560098.
REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY PRAYING TO ENLARGE THE BAIL IN SC.NO.55/2026 ARISING OUT OF CR.NO.367/2025 AND CC.NO.16077/2025 REGISTERED BY THE BYADARAHALLI P.S., BENGALURU, FOR
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25454 CRL.P No. 4196 of 2026
THE OFFENCES P/U/S 103(1),312,254 R/W 3(5) OF BNS, U/S 25(1B),(B) OF ARMS ACT, PENDING BEFORE THE VI ADDL.
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER Accused No.3 in S.C.No.55/2026 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.367/2025 registered by Byadarahalli Police Station, Bengaluru for offences punishable under Sections 103(1), 312, 254 read with Section 3(5) of BNS, 2023 and Section 25(1B) and (B) of Arms Act is before this Court in this regular bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader on behalf of the respondent/State. - 3 -
HC-KAR NC: 2026:KHC:25454 CRL.P No. 4196 of 2026
3. FIR in Crime No.367/2025 was registered by Byadarahalli Police Station, Bengaluru initially for offences punishable under Sections 103(1) and 312 of BNS, 2023 against one Sri Vishal and others based on the first information dated 04.08.2025 received from Sri. Raju J, father of deceased Prem Kumar. 4. During the course of investigation, the petitioner, who was arrayed as accused No.2 in the FIR, was arrested on 05.08.2025, and remanded to judicial custody. After completing investigation, charge sheet is filed against five persons, and petitioner is arrayed as accused No.3 in the charge sheet. His bail application filed before the Trial Court in Criminal Miscellaneous No.51/2026 was rejected on 03.02.2026 and therefore, is before this Court. 5. Perusal of the material on record before this Court would go to show that on 03.08.2025 at about 10.30 p.m. accused Nos.1 to 4, who were armed with weapons, were threatening the public and also assaulting
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HC-KAR NC: 2026:KHC:25454 CRL.P No. 4196 of 2026
them. At the said time, deceased-Prem Kumar came to the said spot along with CW4, and when accused persons stopped them and demanded to hand over their mobile phones and money, CW4 and Prem Kumar allegedly refused to comply with the said demand. Thereafter, at the instance of accused No.2, accused No.1 allegedly stabbed Prem Kumar with a dagger knife, and thereafter, all the accused persons escaped from the spot. 6. Allegation of assaulting the deceased, Prem Kumar, with a weapon is made only against accused No.1. As against the petitioner, the allegation found in the charge sheet is that he was present at the spot of crime and was armed with a weapon.
Similar allegation is found even as against accused No.4 - Punitha alias Kulla Puni, who has been granted regular bail by the co-ordinate Bench of this Court in Criminal Petition No.1005/2026. Undisputedly, petitioner has no other criminal antecedent. He is aged about 24 years and is in custody. Under the circumstances, I am of the opinion that the prayer made
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HC-KAR NC: 2026:KHC:25454 CRL.P No. 4196 of 2026
by the petitioner for grant of regular bail requires to be granted on the ground of parity. Accordingly, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is ordered to be enlarged on bail in S.C.No.55/2026 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.367/2025 registered by Byadarahalli Police Station, Bengaluru for offences punishable under Sections 103(1), 312, 254 read with Section 3(5) of BNS, 2023 and Section 25(1B) and (B) of Arms Act on executing a personal bond in a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court.
iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.
v) The petitioner shall not involve in any criminal cases till disposal of the case.
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HC-KAR NC: 2026:KHC:25454 CRL.P No. 4196 of 2026
In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/- (S VISHWAJITH SHETTY) JUDGE
BKM List No.: 1 Sl No.: 80