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2026 DAILYLAW 26561 (KAR)

UGREGOWDA v. STATE OF KARNATAKA

CRL.P/7263/2026 · 2026-07-07

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7246 OF 2026 C/W CRIMINAL PETITION NO. 7263 OF 2026 IN CRL.P No. 7246/2026: BETWEEN: 1. VENU S/O UGREGOWDA AGED ABOUT 31 YEARS. 2. NUTHAN N.U. S/O UGREGOWDA AGED ABOUT 27 YEARS PETITIONER NO.1 AND 2 BOTH R/AT NATANAHALLI, BALLAKERE, K.R. PETE TALUK, MANDYA DISTRICT-571426. 3. MANJUNATH S/O LATE RAMEGOWDA AGED ABOUT 47 YEARS R/AT BACHAHALLI, K.R. PETE TALUK, MANDYA DISTRICT-571426. 4. PRAKASH N.S. S/O SOMEGOWDA AGED ABOUT 36 YEARS. 5. SOMESHA S/O SOMEGOWDA AGED ABOUT 47 YEARS. PETITIONER NO. 4 AND 5 BOTH R/AT NATANAHALLI, BALLAKERE, K.R. PETE TALUK, MANDYA DISTRICT-571426. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 …PETITIONERS (BY SRI LEELESH KRISHNA, ADV., FOR SRI NAGENDRA T, ADV.) AND: STATE OF KARNATAKA BY KRISHNARAJA PETE RURAL POLICE STATION, REP.BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP FOR R-1; SRI VINAY B.R, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.101/2026 REGISTERED BY THE KRISHNARAJAPETE RURAL POLICE, KRPET U/S.189(2),352,115(2),118(1),109,351(2),190 OF BNS PENDING ON THE FILE OF THE 3rd ADDL DISTRICT AND SESSIONS JUDGE COURT, MANDYA (SITTING AT SRIRANGAPATNA). IN CRL.P NO. 7263/2026: BETWEEN: 1. UGREGOWDA S/O BAKKEGOWDA AGED ABOUT 65 YEARS. 2. SOMEGOWDA S/O BOKKEGOWDA AGED ABOUT 76 YEARS. 3. MADHU S/O UGREGOWDA AGED ABOUT 47 YEARS. BOTH R/AT NATANAHALLI, BALLAKERE, K.R. PETE TALUK, MANDYA DISTRICT-571426. …PETITIONERS - 3 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 (BY SRI LEELESH KRISHNA, ADV., FOR SRI NAGENDRA T, ADV.) AND: 1. STATE OF KARNATAKA BY KRISHNARAJA PETE RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560001. 2. HARISH N S/O LATE NAGARAJU AGED ABOUT 30 YEARS RESIDING AT NATANAHALLI BOOKANAKERE K.R. PETE TALUK, MADYA KARNATAKA. ...RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; SRI VINAY B.R, ADV., FOR R-2) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.101/2026 REGISTERED BY THE KRISHNARAJAPETE RURAL POLICE, KRPET U/S.189(2),352,115(2),118(1),109,351(2),190 OF BNS PENDING ON THE FILE OF THE 3rd ADDL DISTRICT AND SESSIONS JUDGE COURT, MANDYA (SITTING AT SRIRANGAPATNA) IN EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN SUCH AN EVENT THE RESPONDENT POLICE DIRECTED TO RELEASE THEM ON BAIL IN THE ABOVE CASE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 4 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 ORAL ORDER 1. Accused nos.1 to 8 in Crime No.101 of 2026 registered by K.R.Pet Rural Police Station, Mandya District for offences punishable under Sections 189(2), 352, 115(2), 118(1), 109, 351(2) & 190 of BNS 2023 are before this Court in these two petitions filed under Section 483 of BNSS, 2023 and under Section 482 of BNSS, 2023 seeking regular and anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.101 of 2026 was registered by K.R Pet Rural Police Station, Mandya District, for the aforesaid offences, based on the first information dated 05.04.2026, received from Sri Harisha N. In the said case, accused nos.3, 4 and 6 to 8 were arrested on 05.04.2026 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5134 of 2026 was rejected on 28.04.2026. Therefore, they are before this Court in Criminal Petition No.7246 of 2026 seeking regular bail. 4. Apprehending arrest in the case, accused nos.1, 2 and 5 had filed Crl.Misc.No.5133 of 2026 before the - 5 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 jurisdictional Sessions Court which was rejected on 28.04.2026. Therefore, they are before this Court in Criminal Petition No.7263 of 2026. 5. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that, injured victims have been discharged from the hospital and their condition is stable. There is a civil dispute between the two parties and the incident in question had occurred in the said background. There is a case and counter case registered with respect to alleged incident. Investigation of the case is now completed and charge sheet is filed. Accordingly, he prays to allow the petitions. 6. Per contra, learned HCGP and learned counsel appearing for the respondent no.2 - defacto complainant have opposed the petitions. They submit that in the incident in question, CW2 - Somegowda has suffered grievous injuries and the other two have suffered simple injuries. Learned counsel for respondent no.2 submits that, Somegowda is advised to undergo one more operation and in the event petitioners are - 6 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 enlarged on bail they may tamper with the material witnesses. Accordingly, they pray to dismiss the petitions. 7. Perusal of the material on record would go to show that, there is a civil dispute between the family members of the accused persons and the family members of the alleged victims in the present case. In the alleged incident that had taken place on 05.04.2026, allegation of assaulting the injured victim is found against accused nos.2, 3, 7 and 8. Allegation of assaulting CW2 - Somegowda with a machete on his left leg is found against accused no.3, who has been arrested in the present case. Grievous injury sustained by CW2 is as a result of a assault made by accused no.3 - Venu. 8. In respect of alleged incident that had taken place on 05.04.2026, there is a case and counter case registered by K.R. Pet Rural police station in Crime No.101 of 2026 and Crime No.103 of 2026. In Crime No. 101 of 2026, all the accused persons except accused no.2, who allegedly have assaulted the victims have been arrested. Insofar as the other accused persons are concerned, the allegation as against them is that they had instigated accused nos.2, 3, 7 and 8 to assault the - 7 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 victims. Accused no.2 is aged about 76 years. Though, it is alleged that he also was present when the victims were assaulted, there is no allegation as against him about he assaulting CW2, who has suffered grievous injuries in the incident in question. 9. Investigation of the case is now completed and charge sheet has been filed. Petitioners herein are agriculturists by avocation and they do not have any criminal antecedents. 10. Considering the aforesaid aspects of the matter, I am of the opinion that a prayer made by the petitioners for grant of regular bail and anticipatory bail in these two petitions needs to be answered affirmatively. 11. Accordingly, the following:- ORDER Criminal petitions are allowed. The petitioners / accused nos.3, 4 & 6 to 8 are directed to be enlarged on bail in Crime No.101 of 2026 registered by K.R.Pet Rural Police Station, Mandya District for offences - 8 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 punishable under Sections 189(2), 352, 115(2), 118(1), 109, 351(2) & 190 of BNS 2023, subject to the following conditions: a) Petitioners / accused nos.3, 4 & 6 to 8 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 / accused nos.3, 4 & 6 to 8 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 / accused nos.3, 4 & 6 to 8 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners / accused nos.3, 4 & 6 to 8 shall not involve in similar offences in future: The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners / accused nos.1, 2 and 5 in the event of their arrest in Crime No.101 of - 9 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 2026 registered by K.R.Pet Rural Police Station, Mandya District for offences punishable under Sections 189(2), 352, 115(2), 118(1), 109, 351(2) & 190 of BNS 2023, subject to the following conditions:- 1. The petitioners / accused nos.1, 2 and 5 shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing 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 investigating officer/jurisdictional Court. 2. The petitioners / accused nos.1, 2 and 5 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners / accused nos.1, 2 and 5 shall not tamper with the prosecution witness and they shall co-operate with the Police for - 10 - HC-KAR NC: 2026:KHC:34062 CRL.P No. 7246 of 2026 C/W CRL.P No. 7263 of 2026 investigation and appear before them whenever called upon. 4. The petitioners / accused nos.1, 2 and 5 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 74