- 1 - HC-KAR NC: 2026:KHC:33702 CRL.P No. 5985 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. 5985 OF 2026 BETWEEN: SRI NAGESH NAIK R @ BABU S/O RAMANAIKA AGED ABOUT 37 YEARS R/A SIDDESHWARA NAGAR DUMMALLI VILLAGE, SHIVAMOGGA - 577 222 (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI P.P. HEGDE, SR. COUNSEL FOR MS. SAMEEKSHA T.R,ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE SUB INSPECTOR OF POLICE TUNGANAGARA POLICE STATION REP BY THE STATE PUBLIC PROSECUTOR HILGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.2 REGISTERED IN CRIME NO.673/2025 OF THE TUNGANAGARA POLICE STATION IN CC NO.571/2026 ON THE FILE OF THE III ADDL.CIVIL JUDGE AND JMFC SHIVAMOGGA REGISTERED AGAINST THE PETITIONER/ACCUSED NO.2 HEREIN FOR THE OFFENCES P/U/S 103(1), 115(2), 118(1), 351(2) AND 352 R/W 3(5) OF BNS 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:33702 CRL.P No. 5985 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in SC No.128/2026 pending before the Court of I Additional District and Sessions Judge, Shivamogga, arising out of Crime No.673/2025 registered by Tunga Nagar Police Station, Shivamogga, for the offences punishable under Sections 103(1), 115(2), 118(1), 351(2), 352, read with Section 3(5) 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.673/2025 was registered by Tunga Nagar Police Station, Bengaluru, for the aforesaid offences against one Dudya Naika Aliyaz Harish @ Harish and the petitioner herein based on the first information dated 09.11.2025, received from Jeevan @ Abhi, son of deceased Smt. Gangamma. In the said case, petitioner was arrested on 10.11.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. Petitioner is arrayed as accused No.2 in the charge sheet. His - 3 - HC-KAR NC: 2026:KHC:33702 CRL.P No. 5985 of 2026 bail application filed before the Trial Court in Crl.Misc.No.209/2026 was rejected on 27.03.2026. Therefore, he is before this Court. 4. Learned Senior Counsel for the petitioner submits that allegation of assaulting the deceased Gangamma with a long is only as against accused No.1 - Harish, who is in custody. Post mortem report of the deceased would go to show that she had suffered only one external injury on her neck, which is as a result of the assault made by accused No.1. Petitioner, who is an agriculturalist, having no criminal antecedents, is a married man. Investigation of the case is completed and custody of the petitioner is no more required by the prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that there are multiple eye witnesses to the incident in question in addition to the injured eye witness CW2 - Manjunatha. He submits that the incident has been recorded in the CCTV as well as in the mobile phones of the eye witnesses. In the event, petitioner is enlarged on bail, he may tamper with - 4 - HC-KAR NC: 2026:KHC:33702 CRL.P No. 5985 of 2026 the material charge sheet witnesses. Accordingly, he prays to dismiss the petition. 6. From a reading of the first information as well as the charge sheet, which is now filed, the allegation against the accused persons is that on 09.11.2025 at about 10:35 p.m. when accused No.1 was talking to CW11, CW15 and CW19, CW2 Manjunatha came there in his motorbike. Accused No.1 allegedly held his hand against the face of CW2 and as a result, CW2 lost control of his bike and fell down. CW1 and his mother Gangamma immediately came there and tried to give treatment to CW2, who had suffered simple injuries. This was opposed by accused No.1, who allegedly thereafter quarrelled with CW1 and his mother Gangamma and assaulted them with his hands. Accused No.2, all of a sudden came to the said spot and assaulted CW1 and his mother Gangamma with his hands. Persons, who were present there had pacified accused No.1 and 2 and had sent CW1 and his mother inside their house. 7. It appears that thereafter, accused No.1 brought a long from his house and accused No.2 allegedly had instigated accused No.1 to assault CW1 with the same and also threw a - 5 - HC-KAR NC: 2026:KHC:33702 CRL.P No. 5985 of 2026 stone towards Gangamma. In the incident that had occurred thereafter, allegation of assaulting Gangamma, mother of CW1, with a long on her neck is against accused No.1. Post mortem report of the deceased Gangamma would go to show that she had suffered only one external injury on her body, which is on her neck. The same is corresponding to the assault made by accused No.1 on Gangamma with a long on her neck. Undisputedly, petitioner has no criminal antecedents. Investigation of the case is completed and charge sheet has been filed. Petitioner is said to be a married man having family and is an agriculturist by avocation. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.128/2026 pending before the Court of I Additional District and Sessions Judge, Shivamogga, arising out of Crime No.673/2025 registered by Tunga Nagar Police Station, Shivamogga, for the offences punishable under Sections 103(1), 115(2), 118(1), 351(2), 352, read with Section 3(5) of BNS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:33702 CRL.P No. 5985 of 2026 a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; 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 DN List No.: 1 Sl No.: 74