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2026 DAILYLAW 23012 (KAR)

VARUN KUMAR @ KENCHA v. THE STATE OF KARNATAKA BY

CRL.P/17343/2025 · 2026-06-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31261 CRL.P No. 17343 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 17343 OF 2025 BETWEEN: VARUN KUMAR @ KENCHA S/O MANJUNATH AGED ABOUT 28 YEARS R/AT BEHIND IOC PETROL BUNK DINNUR CROSS, ATHIBELE ROAD ANEKAL TALUK, BENGALURU - 562 106. …PETITIONER (BY SRI MANJUNATH M.R, ADV., FOR SRI NAGARAJU L, ADV.) AND: THE STATE OF KARNATAKA BY JIGANI P.S, BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL CRIME NO.254/2022 REGISTERED BY JIGANI POLICE STATION, BENGALURU FOR THE OFFENCES P/U/S 307, 332, 353 OF IPC AND SECTION 25 OF ARMS ACT WHICH IS PENDING BEFORE HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SIT AT ANEKAL IN SC NO.5036/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31261 CRL.P No. 17343 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.5036 of 2023 pending before the Court of III Additional District and Session Judge, Bangalore Rural District (sitting at Anekal), arising out of Crime No.254 of 2022 registered by Jigani Police Station, Bengaluru District, for offences punishable under Sections 307, 332 & 353 of IPC and Section 25 of Arms Act, is before the Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.254 of 2022 was registered by Jigani Police Station, Bengaluru, for the aforesaid offences against the petitioner herein, based on the first information dated 25.12.2022 received from Sri. S.M. Chandrappa, Police Inspector attached to the Jigani police station. In the said case, petitioner herein was arrested on 02.01.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid - 3 - HC-KAR NC: 2026:KHC:31261 CRL.P No. 17343 of 2025 offences. His bail application filed before the Sessions Court was rejected and therefore he had earlier approached this Court in Criminal Petition No.15163 of 2025 which was dismissed on 16.12.2025. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. A reading of the first information as well as the allegations found in the charge sheet would reveal that petitioner was arrayed as an accused in Crime No. 300 of 2022 registered by Anekal Police Station for offences punishable under Sections 353, 333, 307 R/w Section 34 of IPC and when the police attached to Jigani station, who had received credible information about the whereabouts of the petitioner herein attempted to apprehend him on 25.12.2022, he allegedly took out a machete and threatened CW1 to CW5, who are police officers and also tried to assault them. In the said incident, CW2 Shankar, Police Constable attached to Jigani Police Station, had suffered one simple injury. Except the same, none of the other police officers, who were present at the spot of alleged crime have suffered any injuries. Since the petitioner allegedly threatened the police officers and also tried to assault - 4 - HC-KAR NC: 2026:KHC:31261 CRL.P No. 17343 of 2025 them, the first informant after warning the petitioner, had fired a bullet from his service revolver on the left leg of the petitioner and as a result, petitioner, who had suffered grievous injuries was admitted in a hospital on 25.12.2022. After he was discharged from the said hospital, on 02.01.2023 he was arrested in the present case and remanded to judicial custody. 5. Petitioner is said to be a person with criminal antecedent. Insofar as the present case is concerned, as stated earlier except CW2, who has suffered a grievous injury, nobody else has suffered any injury. Petitioner is in custody for the last more than three and a half years. Out of the 22 charge sheet witnesses cited in the present case, only CW1 has been partly examined as on this date. 6. The Hon'ble Supreme Court in the case of PRABHAKAR TEWARI V. STATE OF U.P AND ANR - (2020) 11 SCC 648 has observed that merely for the reason that an accused is a person with criminal antecedents, his bail application cannot be rejected, if he is otherwise found entitled for the relief sought for. Under the circumstances, I am of the - 5 - HC-KAR NC: 2026:KHC:31261 CRL.P No. 17343 of 2025 opinion that, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. 7. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5036 of 2023 pending before the Court of III Additional District and Session Judge, Bangalore Rural District (sitting at Anekal), arising out of Crime No.254 of 2022 registered by Jigani Police Station, Bengaluru District, for offences punishable under Sections 307, 332 & 353 of IPC and Section 25 of Arms Act, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the 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; - 6 - HC-KAR NC: 2026:KHC:31261 CRL.P No. 17343 of 2025 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. f) The petitioner shall mark his attendance before the SHO of Jigani Police Station on first Sunday of every month between 10.30 a.m, to 01.00 p.m, till the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS