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2026 DAILYLAW 26258 (KAR)

MR KIRAN KUMAR v. STATE OF KARANTAKA

CRL.P/7548/2026 · 2026-07-03

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33510 CRL.P No. 6835 of 2026 C/W CRL.P No. 7548 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6835 OF 2026 C/W CRIMINAL PETITION NO. 7548 OF 2026 IN CRL.P No. 6835/2026: BETWEEN: SRI CHANDRU T S/O THIMMARAJU AGED ABOUT 26 YEARS R/AT PATELAPPABUIDING RAJEEV GANDHI NAGAR BENGALURU - 560 045. …PETITIONER (BY SRI MANOJ H.C, ADV.) AND: THE STATE OF KARNATAKA RMC YARD, POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 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 HIM ON BAIL IN SC NO.389/2024 (IN CRIME NO.218/2023 FOR THE OFFENCES P/U/S 143, 395, 396 R/W 149 OF IPC) OF RMC YARD POLICE STATION, PENDING ON THE FILE OF THE LD LXV ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-66). Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33510 CRL.P No. 6835 of 2026 C/W CRL.P No. 7548 of 2026 IN CRL.P NO. 7548/2026: BETWEEN: 1. MR. KIRAN KUMAR AGED ABOUT 23 YEARS S/O GOVINDARAJU R/AT NO.27, NEW MESSION ROAD LALBAGH, RAMANNA GARDEN BANGALORE CITY - 560 097. 2. MR. NIKHIL B.A AGED ABOUT 25 YEARS S/O ASHOK, R/AT NO.2, 10TH CROSS RUKMININAGAR, BANGALORE - 560 073. 3. MR. MUNEESH H. AGED ABOUT 26 YEARS S/O BANUMABHOVI R/AT NO.125, BARIAVESHWAR NAGAR DODDABIDARAKALLU BANGALORE - 560 073. 4. MR. JEEVAN AGED ABOUT 23 YEARS S/O SEBASTINE R/AT 6TH CROSS BEHIND RACKLINE STUDIO VENUGOPAL NAGAR NAGASANDRA POST BANGALORE CITY - 560 073. ...PETITIONERS (BY SRI MOHANA CHANDRA P, ADV.) AND: STATE OF KARANTAKA BY RMC YARD POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, AMBEDKAR VEEDHI BANGALORE - 560 001. ...RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) - 3 - HC-KAR NC: 2026:KHC:33510 CRL.P No. 6835 of 2026 C/W CRL.P No. 7548 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CONNECTION WITH S.C.NO.389/2024 (CR.NO.218/2023 OF RMC YARD P.S) FOR THE ALLEGED OFFENCE P/U/S 143,395,396 R/W 149 OF IPC PENDING ON THE FILE OF THE LXV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY CCH-66. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 & 3 to 6 in S.C.No.389 of 2024 pending before the Court of LXV Additional City Civil and Sessions Judge, Bengaluru (CCH-66) arising out of Crime No.218 of 2023 registered by RMC Yard Police Station, Bangalore for offences punishable under Sections 143, 395, 396 R/w Section 149 of IPC are before this Court in these two petitions filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.218 of 2023 was registered by RMC Yard Police Station, Bangalore City initially for offences punishable under Sections 395 and 397 of IPC against 5 to 6 - 4 - HC-KAR NC: 2026:KHC:33510 CRL.P No. 6835 of 2026 C/W CRL.P No. 7548 of 2026 unknown persons, based on the first information dated 13.11.2023 received from Sri Kalak Bahaddur son of Lalith Bohra. In the said case, petitioners herein were arrested on 13.11.2023 and remanded to judicial custody. After completing investigation, charge sheet has been filed against 9 persons and petitioners herein are arrayed as accused nos.1 and 3 to 6 in the charge sheet. Their bail application filed before the trial Court in Crl.Misc.No.3243 of 2026 and in SC No.389 of 2024, was rejected by the trial Court. Therefore, petitioners are before this Court. 4. FIR in the present case was registered against unknown persons. During the course of investigation, petitioners were arrested on 13.11.2023 and ever since then they are in custody. In the charge sheet that is filed after completing investigation, it is alleged that on 12.11.2023 CW1 to CW3 along with deceased Anil Bohra had gone to the house of CW16 and after having dinner in his house at about 03.00 a.m. on 13.11.2023 they were waiting on the road side after booking a cab. At that time, accused nos.1 to 9 and a juvenile accused, who came there in two vehicles bearing registration - 5 - HC-KAR NC: 2026:KHC:33510 CRL.P No. 6835 of 2026 C/W CRL.P No. 7548 of 2026 no.KA-68-B-0031 and KA-03-AA-3526 allegedly threatened them and asked them to hand over their valuables. It is alleged that when a demand was made with Anil Bohra to hand over his mobile phone and valuables, he allegedly refused and therefore accused nos.2 and 7 caught hold of him and the juvenile accused had allegedly assaulted Anil Bohra on his head with a wooden club and as a result Anil Bohra fell on the ground. Thereafter, the accused persons had snatched the valuables from CW1 to CW3 and also from Anil Bohra and escaped from the spot. Anil Bohra who was admitted to the hospital subsequently died on 22.11.2023. 5. It is not in dispute that petitioners herein do not have any criminal antecedents. Allegation of assaulting the deceased Anil Bohra on his head when accused nos.2 and 7 caught hold of him is as against the juvenile accused. CWs.1 to 3 and CW16 are the material charge sheet witnesses in the present case. During the course of trial, CWs.1 and 2 have been now examined as PW1 and PW9 and CW16 has been examined as PW.11. - 6 - HC-KAR NC: 2026:KHC:33510 CRL.P No. 6835 of 2026 C/W CRL.P No. 7548 of 2026 6. It is brought to the notice of this Court that prosecution has dropped CW3 and CW4. Out of the 37 charge sheet witnesses cited in the present case, till date, 12 charge sheet witnesses have been examined as PW1 to PW12. According to the learned counsel for the petitioners, some of the material charge sheet witnesses have not supported the case of the prosecution. 7. Be that as it may, the fact remains that petitioners herein, who do not have any criminal antecedents are in custody for the last more than two and a half years. Since the material charge sheet witnesses are already examined in the present case, there cannot be any apprehension that the petitioners may tamper with the said witnesses in the event they are enlarged on bail. The petitioners have undertaken to cooperate before the trial Court for speedy disposal of the case. Under the circumstances, the following:- ORDER Criminal petitions are allowed. - 7 - HC-KAR NC: 2026:KHC:33510 CRL.P No. 6835 of 2026 C/W CRL.P No. 7548 of 2026 The petitioners are directed to be enlarged on bail in S.C.No.389 of 2024 pending before the Court of LXV Additional City Civil and Sessions Judge, Bengaluru (CCH-66) arising out of Crime No.218 of 2023 registered by RMC Yard Police Station, Bangalore for offences punishable under Sections 143, 395, 396 R/w Section 149 of IPC, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future: - 8 - HC-KAR NC: 2026:KHC:33510 CRL.P No. 6835 of 2026 C/W CRL.P No. 7548 of 2026 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 52