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2026 DAILYLAW 21568 (KAR)

ANANDA KUMAR v. STATE OF KARNATAKA BY

CRL.P/5306/2026 · 2026-06-15

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29040 CRL.P No. 5306 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5306 OF 2026 BETWEEN: ANANDA KUMAR S/O GURAPPA AGED ABOUT 46 YEARS RESIDING AT -110-2 BILISHIVALAYA VILLAGE DOODAGUBBI POST BIDARAHALLI HOBLI BENGALURU - 560 077. …PETITIONER (BY SRI NATARAJ D, ADV.) AND: STATE OF KARNATAKA BY KOTHANUR P.S, REP. BY STATE PUBLIC PROSECUTOR OFF/AT HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI LAXMAN B, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF THE CODE OF BNSS, 2023. IN SC. NO. 1108/2025 (CRIME NO. 38/2025) OF KOTHANUR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION THE BHARATIYA NYAYA SANHITA (BNS), 2023, U/S:109, WHICH IS PENDING BEFORE THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU. (CCH-58). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29040 CRL.P No. 5306 of 2026 ORAL ORDER 1. Accused in SC No.1108/2025 pending before the Court of XXVIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.38/2025 registered by Kothanur Police Station, Bengaluru, for the offence punishable under Section 109 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.38/2025 was registered by Kothanur Police Station, Bengaluru, for the aforesaid offence against petitioner herein based on the first information dated 25.02.2025 received from Janakiraman, who is the husband of injured victim Nagalakshmi. During the course of investigation, petitioner was arrested on 25.02.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offence. His bail application filed before the Trial Court in Crl.Misc.No.25193/2026 was rejected on 07.03.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:29040 CRL.P No. 5306 of 2026 4. In the first information dated 25.02.2025, it is stated that on 24.02.2025 at about 04.00 p.m. petitioner, who was a stranger to the victim had allegedly approached her demanding money and when she refused to pay the money, petitioner allegedly went away and returned with a knife and assaulted with the same on the victim lady. As a result, victim lady had suffered grievous injuries and she was immediately shifted to Hospital. First information has been belatedly submitted on 25.02.2025 at about 01.00 a.m. and based on the same, FIR was registered against the petitioner. 5. During the course of investigation, petitioner was arrested on 25.02.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offence. Undisputedly, petitioner had no ill-will or vengeance against the victim lady. Though in the first information it is alleged that petitioner was a stranger to the victim, he has been named in the FIR. Incident in question had taken place after the victim had allegedly refused to pay money to the petitioner when he demanded for the same. In the incident in question, victim has suffered three injuries and out - 4 - HC-KAR NC: 2026:KHC:29040 CRL.P No. 5306 of 2026 of the same, two injuries are said to be grievous in nature. Victim who was admitted in the Hospital on 24.02.2025 was subsequently discharged on 02.03.2025. Therefore, it is apparent that she was admitted in the Hospital for a period of six days and thereafter, discharged from the Hospital. Her condition is now stable. Undisputedly, petitioner has no other criminal antecedents. Though the petitioner is in custody for the last 1 year 4 months, till date, charges have not been framed as against him. Therefore, the chances of the trial being concluded and the case being disposed off on merits in the near future is very remote. Accordingly, the following:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1108/2025 pending before the Court of XXVIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.38/2025 registered by Kothanur Police Station, Bengaluru, for the offence punishable under Section 109 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR NC: 2026:KHC:29040 CRL.P No. 5306 of 2026 likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 90