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High Court of Karnataka · body

2026 DAILYLAW 20648 (KAR)

VISHAL v. THE STATE OF KARNATAKA BY

CRL.P/4295/2026 · 2026-06-09

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27370 CRL.P No. 4295 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4295 OF 2026 (439(Cr.PC)/483(BNSS) BETWEEN: VISHAL S/O. JAYARAMA AGED ABOUT 23 YEARS, PRESENT ADRESS RESIDING AT NO. 58, 9TH CROSS, BALAJINAGAR, THIGALARAPALYA, PEENAYA 2ND STAGE BENGALURU CITY, KARNATAKA - 560 091. PERMANENT ADRESS DODDABEERANAKERE, MAYASANDRA HOBLI, KARANATAKA - 572221. …PETITIONER (BY SRI. RANGANATHA T.R, ADVOCATE) AND: THE STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, OFF/AT HIGH COURT OF KARNATAKA, BENGALURU -560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27370 CRL.P No. 4295 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL UNDER SEC.483 OF THE BNSS 2023 IN S.C.NO.55/2026 (CR.NO.367/2025) REGISTERED BY BYADARAHALLI P.S FOR THE OFFENCE P/U/S 103(1),312,254,3(5) ARMS ACT 1959 U/S 25(1B)(B) WHICH IS PENDING BEFORE THE HONBLE VI ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 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 of Byadarahalli Police Station, Bengaluru, for the offences punishable under 103(1), 312, 254 read with Section 3(5) of BNS, 2023 and under Section 25(1B)(b) of Arms Act,1959 is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned Additional SPP for the respondent - State. - 3 - HC-KAR NC: 2026:KHC:27370 CRL.P No. 4295 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 the investigation, accused No.1 in the FIR was arrested on 05.08.2025 and remanded to Judicial Custody. After completing investigation, charge sheet was filed against five persons and petitioner herein is arraigned as accused No.2 in the FIR. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2531/2025 was rejected on 12.01.2026. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that on 03.08.2025 at about 10.30 p.m., accused Nos.1 to 4 armed with weapons were threatening the public and also assaulting them. At that time, deceased Prem Kumar came to the said spot along with CW-4 and when accused persons stopped them and demanded to hand over their mobile phone and cash, CW- 4 and Prem Kumar allegedly refused to comply with the said - 4 - HC-KAR NC: 2026:KHC:27370 CRL.P No. 4295 of 2026 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 escaped from the spot. Allegation of assaulting the deceased Prem Kumar with a dagger knife is only as against accused No.1, who is arrested and accused Nos.2 to 4 were allegedly present along with accused No.1 at the spot of crime. Accused No.3 has been granted regular bail by this Court in Crl.P.No.4196/2026 and accused No.4 has been granted regular bail by this Court in Crl.P.No.1005/2026. Petitioner aged about 23 years, is in custody from 05.08.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 6. The petition is allowed. The petitioner is directed 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 of Byadarahalli Police Station, Bengaluru, for the offences punishable under 103(1), 312, 254 read with Section 3(5) of - 5 - HC-KAR NC: 2026:KHC:27370 CRL.P No. 4295 of 2026 BNS, 2023 and under Section 25(1B)(b) of Arms Act, 1959, subject to the following conditions: i) Petitioner shall execute a personal bond in 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 threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iii) The petitioner shall appear before the Trial Court on all hearing dates without fail. iv) The petitioner shall not involve in any criminal cases till disposal of the case. Sd/- (S VISHWAJITH SHETTY) JUDGE MDS List No.: 1 Sl No.: 40