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2026 DAILYLAW 2168 (KAR)

PUNITHA @ KULLA PUNI v. THE STATE OF KARNATAKA

CRL.P/1005/2026 · 2026-03-03

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12800 CRL.P No. 1005 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.1005 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. PUNITHA @ KULLA PUNI S/O. LATE PARMESH.N. AGED ABOUT 23 YEARS, PRESENT ADDRESS:- RESIDING AT NO. NIL, RMVK SCHOOL NEAR 8TH CROSS BALAJI NAGAR, THIGALARAPALYA, BENGALURU CITY, KARNATAKA - 560 058. PERMANENT ADDRESS:- MUDLU MELLALLI, BELLUR CROSS, NAGAMANGALA, MANDYA, KARNANATA – 571 432. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. RANGANATHA T.R, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12800 CRL.P No. 1005 of 2026 AND: 1. THE STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, OFF/AT HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SRI. B LAKSHMAN, HCGP) THIS CRL.P IS FILED U/S 483 BNSS PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL U/S 483 OF BNSS 2023, IN C.C.NO.16077/2025 (CR.NO.367/2025) REGISTERED AT BYADRAHALLI POLICE STATION FOR THE OFFENCES P/U/S BNS 2023 U/S 103(1), 312, 254, 3(5) ARMS ACT 1959 U/S 25(1B)(B) WHICH IS PENDING BEFORE IN THE CHIEF JUDICIAL MAGISTRATE (CJM) BANGALORE RURAL DISTRICT BANGALORE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:12800 CRL.P No. 1005 of 2026 ORAL ORDER 1. The petitioner/accused No.4 is before this Court seeking for grant of regular bail in C.C.No.16077/2025 pending on the file of the Chief Judicial Magistrate, Bangalore Rural district, Bangalore, arising out of Crime No.367/2025 filed by respondent / police for offences under Sections 103(1), 312 of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, the deceased Premakumar and CWs.4, 5 and 6 were friends. C.W.5 was working at Rajanna Service Station near Mubarak School in Byatarayanapura, Bengaluru. The deceased, C.W.4 and C.W.6 gathered near Rajanna Service Station around 10.15 p.m. The deceased called C.W.4 to accompany him to drop C.W.6 to his home. C.W.6 was driving his Dio scooter. The deceased was driving Honda Activa Scooter, which belongs to C.W.4. C.W.4 was a pillion rider. When they were proceeding towards the house and reached near Thigalarapalya main road around 10.30 p.m., they encountered the accused persons who - 4 - HC-KAR NC: 2026:KHC:12800 CRL.P No. 1005 of 2026 were standing on the main road with an intention to commit robbery of the pedestrians and also passer-by. Accused No.1 was allegedly holding a sharp-edged weapon and intercepted C.W.6 and he had managed to escape. Thereafter, accused Nos.1 to 4 intercepted Honda Activa Scooter, which was being driven by the deceased and C.W.4 was the pillion rider. Accused No.1 demanded them to handover money and mobile phones or else he would kill them. C.W.4 and the deceased refused to give money and mobile phones. Accused No.1 stabbed the deceased with a knife and caused severe bleeding injuries. C.W.4 and the deceased escaped and called C.W.10 and they took an autorickshaw to a multi- speciality hospital for treatment. After treatment, they returned to Rajanna Service Station in Thigalarapalya. C.W.5 slept in the service station and the deceased was sleeping in the lobby inside the Service Station. The deceased died due to loss of blood. 3. A complaint came to be registered by the complainant before the respondent - Police. The respondent - police - 5 - HC-KAR NC: 2026:KHC:12800 CRL.P No. 1005 of 2026 after registering the case, conducted investigation and submitted the charge sheet. 4. Heard Sri Ranganatha T.R., learned counsel for the petitioner and Sri B. Lakshman, learned High Court Government Pleader for respondent – State. 5. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. As per the statement of eyewitnesses, the accused No.1 had stabbed the deceased with a knife. However, no specific overt act is attributed against the petitioner. The petitioner has no antecedents. The petitioner is the permanent resident of Balajinagara, Thigalarapalya, Bengaluru City. 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, learned High Court Government Pleader for respondent - State vehemently submitted that the averments of the complaint would indicate that the - 6 - HC-KAR NC: 2026:KHC:12800 CRL.P No. 1005 of 2026 petitioner herein and others were in the habit of causing nuisance to the public. They were frightening the public by holding lethal weapons in their hands. The accused No.1 being one of the associates of this group, had caused bleeding injury to the deceased and was responsible for his death. Therefore, it is not appropriate to grant him bail. In case if the petitioner is enlarged on bail, there may be chances of threatening prosecution witnesses and also chances of absconding from the case. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint and also the charge sheet. The overt act of the present petitioner is that, he was one of the associates of the group of accused No.1. Accused Nos.1 to 4 were creating nuisance in the road around about 10.30 p.m. and they were trying to threaten the public by holding lethal weapons in their hands. The averments of the charge sheet would indicate - 7 - HC-KAR NC: 2026:KHC:12800 CRL.P No. 1005 of 2026 that, accused No.4 was holding the lethal weapon in his hand. However, as per the version of the charge sheet, accused No.1 had stabbed the deceased. 8. Having considered the overt act of the present petitioner, it is appropriate to grant him bail by imposing the suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following:- ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in C.C.No.16077/2025 pending on the file of the Chief Judicial Magistrate, Bangalore Rural district, Bangalore, arising out of Crime No.367/2025 of respondent-police for the aforesaid offences, on executing 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. - 8 - HC-KAR NC: 2026:KHC:12800 CRL.P No. 1005 of 2026 (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. In case, if 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 RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 38