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2026 DAILYLAW 26333 (KAR)

CHHOTO KUMAR DAS v. STATE OF KARNATAKA

CRL.P/5700/2026 · 2026-07-06

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33650 CRL.P No. 5700 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5700 OF 2026 BETWEEN: CHHOTO KUMAR DAS S/O. RUP LAL DAS, AGED ABOUT 22 YEARS, RESIDING AT RACHAMANAHALLI DINE VILLAGE, SY. NO. 142/P5, LAND ANILKUMAR, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562105. PERMANENT ADDRESS AT SANGAT TOLAM DAND KHORA, SONALI POST, DAND KHORA, POLICE STATION, KATHAR DISTRICT, BIHAR STATE. …PETITIONER (BY SRI. PYAREJAN K. N., ADVOCATE) AND: STATE OF KARNATAKA, REP. BY SHO, ATTIBELE PS, ANEKAL, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33650 CRL.P No. 5700 of 2026 THIS CRL.P IS FILED U/S.439 OF CR.PC (FILED U/S 483 OF BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.282/2025 IN SC NO.5008/2026 FOR THE OFFENCES P/U/S.103(1), 118(1) OF BNS RESPONDENT POLICE I.E., ATTIBELE POLICE STATION, PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, AT ANEKAL, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.5008/2026, pending before the Court of III Additional District and Sessions Judge, Bangalore Rural District, Sitting at Anekal, arising out of Crime No.282/2025, registered by Attibele Police Station, Bangalore, for offences punishable under Sections 103(1) 118(1) of BNSS, 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.282/2025 registered by Attibele Police Station, Bangalore for the aforesaid offences against - 3 - HC-KAR NC: 2026:KHC:33650 CRL.P No. 5700 of 2026 the petitioner herein, based on the first information dated 17.08.2025, received from Pankaj Kumar Ram, who is the alleged injured eye witness in the present case. In the said case, petitioner was arrested on 17.08.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in Crl.Misc.No.5119/2026 was rejected on 18.03.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that deceased is the husband of petitioner's elder sister. Petitioner had no ill-will against him. On the alleged date of incident, the deceased who had consumed alcohol had quarreled with the petitioner and also assaulted him. Petitioner had sustained multiple injuries which are not explained by the prosecution. After the petitioner was assaulted by the deceased, he had retaliated and in the said incident, deceased who had suffered injuries had subsequently succumbed to the same. Investigation of the - 4 - HC-KAR NC: 2026:KHC:33650 CRL.P No. 5700 of 2026 case is completed and the petitioner who is aged about 22 years is in custody for the last nearly one year. Accordingly, he prays to allow the petition. 5. Per-contra, learned High Court Government Pleader who has opposed the petition submits that CW-1 is the injured eye witness to the incident. Victim as suffered multiple injuries as a result of assault made by the petitioner. The petitioner is from Bihar State and in the event, he is released on bail, it will be difficult to secure his presence. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that, deceased - Mukesh Kumar Ravidas is the husband of petitioner's elder sister. In the first information as well as in the charge sheet, it is alleged that petitioner, deceased and CW1 - Pankaj Kumar Ram were staying in a shed within the jurisdiction of Attibele Police Station, Bangalore Rural District and were working as construction workers. It is alleged that the petitioner was frequently - 5 - HC-KAR NC: 2026:KHC:33650 CRL.P No. 5700 of 2026 quarrelling with his brother-in-law for the reason that he was not cooking good food. On 17.08.2025, petitioner had once again quarreled with his brother-in-law - Mukesh Kumar Ravidas for the very same reason and thereafter, had assaulted him with a wooden club and when CW-1 tried to interfere, he had also assaulted him. In the said incident, Mukesh Kumar Ravidas, who had suffered grievous injuries, succumbed to the same while being shifted to the hospital. 7. According to the petitioner, deceased Mukesh Kumar Ravidas, who had married petitioner's sister against the wishes of their family, had a vengeance against the petitioner since he had opposed the said marriage and after consuming alcohol he was in the habit of quarreling and assaulting the petitioner. On the alleged date also he had quarreled with the petitioner after consuming alcohol and had assaulted him with the wooden club. - 6 - HC-KAR NC: 2026:KHC:33650 CRL.P No. 5700 of 2026 8. Charge sheet material would reveal that, in the alleged incident, the petitioner had suffered multiple injuries all over his body and he was treated as a outpatient for the same in the General Hospital at Anekal on 18.08.2025. However, his remand application would reflect that he had only sustained one injury on his forehead, which he allegedly suffered after falling on a brick, a few days prior to the alleged date of incident. CW- 1 and the prosecution have failed to explain the multiple injuries found on the body of the petitioner, who was treated on 18.08.2025 for the same. 9. The post-mortem report and Forensic Science Laboratory report of the deceased would reveal that he had consumed ethyl alcohol prior to his death. Petitioner aged 22 years having no other criminal antecedent is in custody for the last nearly 11 months. Investigation of the case is completed and charge sheet is filed. Apprehension expressed by the learned HCGP can be taken care of by - 7 - HC-KAR NC: 2026:KHC:33650 CRL.P No. 5700 of 2026 imposing appropriate conditions while enlarging the petitioner on bail. Accordingly, the following: ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5008/2026 pending before the Court of III Additional District and Sessions Judge, Bangalore Rural District, Sitting at Anekal arising out of Cr.No.282/2025 registered by Attibele Police Station for the offences punishable under Sections 103(1) and 118(1) of BNSS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties including one local surety 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; - 8 - HC-KAR NC: 2026:KHC:33650 CRL.P No. 5700 of 2026 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 MCR List No.: 1 Sl No.: 72