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2026 DAILYLAW 30395 (KAR)

RUDRESHNAIK v. STATE OF KARNATAKA

CRL.P/5001/2026 · 2026-07-23

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010232022026 NC: 2026:KHC:37994 CRL.P No. 5001 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5001 OF 2026 BETWEEN: RUDRESHNAIK AGED ABOUT 26 YEARS S/O KUMAR NAIK R/O AMRUTAPURA VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU - 577 101 …PETITIONER (BY SRI. UTSAV GOWDA P.S, ADVOCATE) AND: STATE OF KARNATAKA BY TARIKERE TOWN P.S. CHIKKMAGALURU - 577 101 REP. BY SPP, HIGH COURT OF KARNATAKA. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.78/2025 REGISTERED BY THE TARIKERE TOWN POLICE FOR OFFENCE P/US/ 103(1), 115(2), 351(2), 352 OF BNS AND AFTER COMMITTAL IN S.C.NO.94/2025 NOW Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010232022026 NC: 2026:KHC:37994 CRL.P No. 5001 of 2026 WHICH IS PENDING ON THE FILE OF THE II ADDL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.94/2025 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru, arising out of crime No.78/2025 registered by Tarikere Town Police Station, Chikkamagaluru for the offences punishable under Section 103(1), 115(2), 351(2) and 352 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.78/2025 was registered by Tarikere Town Police Station, Chikkamagaluru for the aforesaid offences against the petitioner herein, based on - 3 - HC-KAR CNR: KAHC010232022026 NC: 2026:KHC:37994 CRL.P No. 5001 of 2026 the first information dated 21.04.2025, received from Yashwanth Naik, who is the injured eye witness in the present case. During the course of investigation, the petitioner was arrested on 21.04.2025 and 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 S.C.No.94/2025 was rejected on 30.08.2025. Therefore, he is before this Court. 4. In the first information dated 21.04.2025, it is stated that on the intervening night of 20.04.2025 and 21.04.2025 at about 09.00 p.m., when the deceased Sanjunayaka and others were discussing about conducting a chit, the petitioner came to the spot near sevalal Temple and allegedly quarreled with Sanjunayaka and others for the reason that they had not included his name in the proposed chit. Subsequently, Sanjunayaka and the injured victim had gone near the house of petitioner at about 10.00 p.m., to enquire why he had quarreled with them - 4 - HC-KAR CNR: KAHC010232022026 NC: 2026:KHC:37994 CRL.P No. 5001 of 2026 near the temple. At that time, the petitioner who picked up a wooden club, assaulted Sanjunayaka with the same on his head. When the first informant tried to intervene, he also allegedly bit him on his chest and thereafter, he escaped from the spot of crime. Subsequently, Sanjunayaka was shifted to the hospital, but he was declared dead. 5. Material on record would go to show that after the parties had quarreled with each other at about 09.00 p.m. on 20.04.2025 near sevalal temple, the petitioner had returned home and thereafter, the deceased and the injured had gone near his house to enquire as to why he had quarreled with them. In the incident, which took thereafter near the house of the petitioner, he allegedly assaulted on the head of the deceased-Sanjunayaka with a wooden club, which was lying nearby. It appears that after the deceased and the injured went near the house of petitioner and quarreled with him, in a spur of movement he had picked up the wooden club lying nearby and - 5 - HC-KAR CNR: KAHC010232022026 NC: 2026:KHC:37994 CRL.P No. 5001 of 2026 assaulted the deceased. Deceased had suffered only one blow on his head. Thereafter, when the injured victim tried to catch hold of him, petitioner allegedly bit him on his chest and thereafter ran away from the spot. 6. It is not in dispute that the petitioner aged 26 years, has no other criminal antecedents. He is an agriculturalist by avocation. He is in custody for the last more than one year. The trial in the case is yet to commence. 7. 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: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.94/2025 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru arising out of crime No.78/2025 - 6 - HC-KAR CNR: KAHC010232022026 NC: 2026:KHC:37994 CRL.P No. 5001 of 2026 registered by Tarikere Town Police Station, Chikkamagaluru for the offences punishable under Section 103(1), 115(2), 351(2) and 352 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute 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 - 7 - HC-KAR CNR: KAHC010232022026 NC: 2026:KHC:37994 CRL.P No. 5001 of 2026 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 43