- 1 - HC-KAR NC: 2026:KHC:30458 CRL.P No. 6732 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6732 OF 2026 BETWEEN: SRI MAHESH C.K S/OKENCHAMMAIAH AGED ABOUT 43 YEARS RESIDING AT, KOLAGADALU VILLAGE CHERAMBANE, BHAGAMANDALA MADIKERI TALUK, KODAGU DISTRICT. …PETITIONER (BY SRI NIRUPAN GOWDA H.N, ADV.) AND: STATE OF KARNATAKA THROUGH BHAGAMANDALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C. NO.102/2025, (CR.NO.27/25) OF BHAGAMANDALA P.S, PENDING BEFORE I-ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU- MADIKERI, FOR THE OFFENCE PUNISHABLE U/S. 109(1) OF THE BNS, 2023. 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:30458 CRL.P No. 6732 of 2026 ORAL ORDER 1. Accused in S.C.No.102/2025 pending before the Court of I Addl. District & Sessions Judge, Madikeri, arising out of Crime No.27/2025 registered by Bhagamandala Police Station, Kodagu District, for the offence punishable under Section 109(1) 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.27/2025 was registered by Bhagamangdala Police Station, Kodagu District, for the aforesaid offence against the petitioner herein based on the first information dated 22.06.2025 received from Reena - sister of the petitioner and the injured victim. In the said case, petitioner was arrested on 22.06.2025 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 jurisdictional Sessions Court in Crl. Misc. No.579/2025 was rejected on 29.12.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:30458 CRL.P No. 6732 of 2026 4. First informant in the present case is the sister of the petitioner and the injured victim. In the first information, she has stated that she has a sister and two brothers. The brothers were unmarried and they were residing in their parents house. On the intervening night of 21.06.2025 and 22.06.2025 at about 3.00 a.m., she was informed by her mother that petitioner had assaulted her brother Varun in their house after they had fought against each other. Petitioner who was named in the FIR was arrested in the present case on 22.06.2025. Investigation of the case is completed and charge sheet has been filed. 5. Undisputedly, petitioner has no other criminal antecedents. Petitioner and the injured victim who are direct brothers, had allegedly fought for the reason that victim Varun wanted to marry and since the petitioner who is elder to him was not married, he opposed the same. It is in this background, the incident in question had taken place on the early hours of 22.06.2025. In the said incident, injured victim Varun had sustained two injuries and his wound certificate would go to show that injury no.1 is a grievous injury and - 4 - HC-KAR NC: 2026:KHC:30458 CRL.P No. 6732 of 2026 injury no.2 is simple in nature. Injured Varun has been discharged from the hospital on 12.07.2025 and his condition is said to be stable. 6. Before the Trial Court, five witnesses including CW-1 - Reena and her parents have been examined. According to the learned Counsel for the petitioner, all the witnesses have turned hostile and have not supported the case of the prosecution. Be that as it may, fact remains that petitioner who has no criminal antecedents is in custody for the last more than one year. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.102/2025 pending before the Court of I Addl. District & Sessions Judge, Madikeri, arising out of Crime No.27/2025 registered by Bhagamandala Police Station, Kodagu District, for the offence punishable under Section 109(1) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR NC: 2026:KHC:30458 CRL.P No. 6732 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 her 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 KK