Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32515 CRL.P No. 6899 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6899 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN:
PRAVEEN KUMAR S/O BAGADA RAM AGED ABOUT 23 YEARS R/O NO. 6, 3RD FLOOR, 1ST CROSS CUBBONPET, BANGALORE NORTH BENGALURU-560002. …PETITIONER (BY SRI. K B K SWAMY, ADVOCATE FOR SRI. ARUN KUMAR M., ADVOCATE)
AND:
1.
STATE OF KARNATAKA THE STATE BY CUBBON PARK POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2.
VASNARAM G S/O GAMANA RAM B/O DECEASED SURESH KUMAR PUROHIT AGED ABOUT 45 YEARS R/AT 43, ATHAMANA VAS GHASERI, TEHSIL BHINAMAL DISTRICT JALORE, RAJASTHAN …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1:
SR.I T. PRAKASH, ADVOCATE FOR R2)
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR NO.61/2026 OF CUBBON PARK POLICE STATION BANGALORE CITY DATED 22.04.2026 FOR THE OFFENCES P/U/S 108, 115, 3(5), 351 OF BNS 2023 PENDING ON THE FILE OF THE HONBLE COURT OF 41ST ACJM BANGALORE CITY.
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.1 in Crime No.61/2026 registered by Cubbon Park Police Station, Bengaluru City, for the offences punishable under Sections 108, 115(2), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail.
2. Heard learned counsel appearing for the petitioner, learned HCGP appearing for the respondent No.1-State
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and the learned counsel appearing for respondent No.2, De-facto Complainant.
3. FIR in Crime No.61/2026 was registered by Cubbon Park Police Station, Bengaluru City, for the aforesaid offences against the petitioner and four others based on the first information dated 22.04.2026 received from Vasanaram.G, brother of deceased Suresh Kumar Purohit. In the said case, the petitioner herein was arrested on 22.04.2026 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.3988/2026 was rejected on
02.05.2026. Therefore, he is before this Court.
4.
Learned counsel appearing for the petitioner submits that the accused persons and the deceased had fought against each other on a petty issue on the intervening night of 02.04.2026 and 03.04.2026. It appears that subsequently, deceased had committed suicide by hanging himself to a tree inside the Cubbon Park at Bangalore.
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First information was belatedly filed on 22.04.2026. The allegations found in the first information as well as the charge sheet do not constitute a prima facie case for offence punishable under Section 108 of BNS, 2023. Petitioner, aged 23 years, has no criminal antecedents. Charge sheet is already filed. Accordingly, he prays to allow the petition
5. Per contra, learned HCGP appearing for the respondent No.1-State and learned counsel appearing for the respondent No.2-defacto complainant, who has filed his statement of objections, have opposed the bail application.
6.
Learned counsel appearing for the respondent No.2 submits that there was a fight between the parties on a trivial issue on 06.01.2026 in their native village at Rajasthan State. Subsequently, the accused persons and deceased had returned to Bengaluru and the accused persons were continuously harassing the deceased
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physically and mentally. Immediately, prior to the deceased committing suicide, the accused persons had abused and assaulted him and the said incident has been captured in the CCTV footage, which is available on record. He submits that only because of the continuous harassment meted out by the accused persons, deceased had committed suicide. Accordingly, he prays to dismiss the petition. 7. Perusal of the material on record would go to show that the accused persons and the deceased hail from Rajasthan State. In the first information, which is submitted on 22.04.2026, it is stated that accused No.5, Jabaram, and the deceased, Suresh Kumar Purohit, had quarreled with each other on 06.01.2026 in their native village at Rajasthan and Jabaram allegedly threatened the deceased with dire consequences. It is further alleged that after Jabaram returned back to Bengaluru, he instigated his cousin brothers, who are the other accused persons in the present case, to assault the deceased and teach him a
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lesson. In the first information, it is further submitted that Jabaram along with other accused persons hatched a criminal conspiracy to kill the deceased and on the intervening night of 02.04.2026 and 03.04.2026, they had allegedly abused and assaulted deceased, Suresh Kumar Purohit in front of Balaji Foods and the said incident was captured in the CCTV footage. It appears that after the said incident had taken place, Suresh Kumar Purohit had committed suicide by hanging himself to a tree inside Cubbon Park at Benglauru. 8. On the allegation that Suresh Kumar Purohit had committed suicide, because of the constant harassment and torture meted out on him by the accused persons including the alleged assault, immediately prior to Suresh Kumar committing suicide, first information was submitted, based on which, FIR was registered in Crime No.61/2026.
It appears that the police after recovering the dead body of deceased Suresh Kumar Purohit, had registered UDR case in UDR No.2/2026 under Section
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194(3)(iv) of BNSS,
2023. During the course of investigation of the said UDR case, CW14 had produced the CCTV footages of the alleged incident that had taken place on the intervening night of 02.04.2026 and 03.04.2026 outside Balaji Foods and thereafter, a complaint was received from CW1 on 22.04.2026, based on which, FIR was registered in the present case against the accused persons. 9. The dead body of deceased had no injuries to suggest that the accused persons had brutally assaulted him on the intervening night of 02.04.2026 and
03.04.2026. It appears that the accused persons and the deceased had a quarrel and the accused persons also had assaulted him with their hands and legs. But that itself cannot be considered as sufficient reason for a prudent person to commit suicide. 10. Though, it is submitted by learned counsel appearing for the defacto complainant that from January 2026
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onwards, the accused persons were continuously harassing and torturing the deceased, undisputedly, no complaint was lodged in this regard either by the deceased or by his relatives at any point of time during the lifetime of the deceased. It is only after a lapse of 20 days from the date of death of the deceased, FIR was registered in the present case. In the statement of the witnesses that was recorded thereafter, for the first time they have stated that the deceased was being continuously harassed by the accused persons and that had led him to commit suicide. 11. Petitioner, aged about 23 years, undisputedly has no other criminal antecedents.
The averments in the first information as well as in the charge sheet would go to show that the dispute was between the deceased and accused No.5, Jabaram. Other accused persons including the petitioner herein are the cousins of accused No.5, Jabaram. Petitioner is in custody from 22.04.2026 onwards. Investigation of the case is already completed and charge sheet is filed. The alleged offences are not
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punishable with death or life imprisonment. Continued detention of the petitioner in custody amongst hardcore criminals, may have an adverse impact on his mindset and also his future prospects. 12. 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 subject to appropriate conditions. Accordingly, the following order:
ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.61/2026 registered by Cubbon Park Police Station, Bengaluru City, for the offences punishable under Sections 108, 115(2), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for
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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;
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
DM LIST NO.: 1 SL NO.: 67