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2026 DAILYLAW 30781 (KAR)

SRI. VIJAY KUMAR @ SANJU, v. STATE OF KARNATAKA BY PANADAVAPURA POLICE,

CRL.P/6395/2026 · 2026-07-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010399142026 NC: 2026:KHC:38436 CRL.P No. 8366 of 2026 C/W CRL.P No. 6395 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8366 OF 2026 C/W CRIMINAL PETITION NO. 6395 OF 2026 IN CRL.P No. 8366/2026: BETWEEN: MADAN @ MADAN B.C CHANDRASHEKHAR AGED ABOUT 20 YEARS R/AT BOMMALAPURA VILLAGE SHEELANERE HOBLI K.R. PETE TALUK MANDYA DISTRICT KARNATAKA - 571 426. …PETITIONER (BY SRI PUNEETH B.S, ADV.) AND: STATE OF KARNATAKA BY PANDAVAPURA P.S. REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO HIM IN CRIME. NO.65/2024 OF RESPONDENT PANDAVAPURA POLICE STATION, WHICH IS REGISTERED A CASE FOR OFFENCES PUNISHABLE UNDER SECTION 189(4), 191(3), 126(2), 109(1), 118(1), 352, 351(3), 190 OF BNS, 2023 OF BNS. WHICH IS PENDING ON THE FILE OF HONBLE CIVIL JUDGE, (JR. DVN) AND JMFC COURT, PANDAVAPURA, MANDYA DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010399142026 NC: 2026:KHC:38436 CRL.P No. 8366 of 2026 C/W CRL.P No. 6395 of 2026 IN CRL.P NO. 6395/2026: BETWEEN: 1. SRI VIJAY KUMAR @ SANJU S/O SRI.SHIVANNA AGED ABOUT 25 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST SHEELANERE HOBLI K.R.PETE TALUK, MANDYA DISTRICT - 571 812. 2. SRI GIRISH S/O LATE KALAPPA AGED ABOUT 48 YEARS RESIDING AT NO.E-53 BYADARAHALLI EXTENSION HEROHALLI, BENGALURU NORTH BENGALURU - 560 091. 3. SRI MAHADEVAPPA B.S @MANJU @ PLUG S/O SRI SHAMBULINGAPPA AGED ABOUT 41 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R.PETE TALUK, MANDYA DISTRICT - 571 812. 4. SRI JEEVAN KUMAR S/O SRI MADAPPA AGED ABOUT 31 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R.PETE TALUK, MANDYA DISTRICT - 571 812. 5. SRI SHASHI KUMARA B.N S/O SRI NANJAPPA AGED ABOUT 31 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R.PETE TALUK, MANDYA DISTRICT - 571 812. 6. SRI CHANDRASHEKARA.B.P @AYAPPA S/O SRI PALAKSHA AGED ABOUT 30 YEARS - 3 - HC-KAR CNR: KAHC010399142026 NC: 2026:KHC:38436 CRL.P No. 8366 of 2026 C/W CRL.P No. 6395 of 2026 RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R. PETE TALUK, MANDYA DISTRICT - 571 812. 7. SRI RAVI D.M S/O SRI MAHADEVAPPA AGED ABOUT 39 YEARS RESIDENT OF DINKA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R.PETE TALUK, MANDYA DISTRICT - 571 812. 8. SRI SHIVALINGAPPA @ NINGANNA S/O SRI MADAPPA AGED ABOUT 49 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R.PETE TALUK, MANDYA DISTRICT - 571 812. 9. SRI MADAPPA @ GANESHA S/O SRI.DEVAPPA AGED ABOUT 32 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R. PETE TALUK, MANDYA DISTRICT - 571 812. 10. SRI SHIVANNA S/O SRI KALAPPA AGED ABOUT 52 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R. PETE TALUK, MANDYA DISTRICT - 571 812. 11. SRI MUDDAPPA @ MADAPPA S/O SRI.KALAPPA AGED ABOUT 55 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI K.R. PETE TALUK, MANDYA DISTRICT - 571 812. 12. SRI PUTTARAJU S/O SRI KALAPPA AGED ABOUT 47 YEARS RESIDENT OF BOMMALAPURA VILLAGE BUKANAKERE POST, SHEELANERE HOBLI - 4 - HC-KAR CNR: KAHC010399142026 NC: 2026:KHC:38436 CRL.P No. 8366 of 2026 C/W CRL.P No. 6395 of 2026 K.R. PETE TALUK, MANDYA DISTRICT - 571 812. ...PETITIONERS (BY SRI DHANANJAYA C.P, ADV.) AND: 1. STATE OF KARNATAKA BY PANADAVAPURA POLICE REP. BY SPP HIGH COURT BUILDING BENGALURU - 560 001. 2. PRAKASH B.S S/O SHREEKANTAPPA AGED ABOUT 38 YEARS RA/T BOMMALAPURA VILLAGE SHEELANERE HOBLI K.R. PETE TALUK MANDYA DISTRICT - 571 428. ...RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI ABHILASH KUMAR M.N, ADV., FOR SRI SHARATH J.M, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.65/2026 IN PANDAVAPURA P.S., MANDYA FOR THE ALLEGED OFFENCES P/U/S 189(4), 191(3), 126(2), 109(1), 118(1), 352, 351(3) AND 190 OF THE BNS 2023 THE SAME IS PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND JMFC AT PANDAVAPURA MANDYA DISTRICT. 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 to 7, 9 to 13 and 15 are before this Court in these two petitions filed under Section 483 of BNSS, 2023, seeking regular bail in Crime No.65/2026 registered by Pandavapura Police - 5 - HC-KAR CNR: KAHC010399142026 NC: 2026:KHC:38436 CRL.P No. 8366 of 2026 C/W CRL.P No. 6395 of 2026 Station, Mandya, for the offences punishable under Sections 189(4), 191(3), 126(2), 109(1), 118(1), 352, 351(3), 115(1), 238, 118(2) and 190 of BNS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.65/2026 was registered by Pandavapura Police Station, Mandya, against Sanju and others based on the first information dated 22.02.2026 received from Prakasha, who is one of the injured victims in the present case. During the course of investigation of the said case, petitioners herein were arrested and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court seeking regular bail was rejected and therefore, they are before this Court in these two petitions. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions submits that investigation of the case is now completed and charge sheet has been filed. Injured victims are discharged from the Hospital and their condition is stable. There is rivalry between two groups in the background of gram panchayath elections and on 21.02.2026, CW1 to CW4 in the present case, had fought with accused No.1 and his family members and in respect of the said incident, FIR has been registered in Crime No.49/2026 by K. - 6 - HC-KAR CNR: KAHC010399142026 NC: 2026:KHC:38436 CRL.P No. 8366 of 2026 C/W CRL.P No. 6395 of 2026 R. Pet Rural Police Station. Petitioners are all agriculturists by avocation. Accordingly, they pray to allow the petitions. 5. Per contra, learned HCGP for respondent No.1 and learned counsel for the defacto complainant have opposed the petitions. Learned counsel for the defacto complainant submits that accused Nos.2, 3 and 11 have assaulted CW2 with a stone on his leg multiple times and as a result, he has suffered grievous injuries on his legs. Considering the nature of allegations against them, he prays to dismiss the petition as against them. 6. Perusal of the material on record would go to show that there is rivalry between the accused persons in the present case and also the victims and their family members in the background of grama panchayath elections. It appears that even earlier, the parties had fought against each other and on 21.02.2026 at about 02.00 a.m. CW1 to CW4 in the present case had gone near the house of accused No.1 and had fought with him and his family members and as a result, FIR was registered by K. R. Pet Rural Police Station, in Crime No.49/2026 for the offences punishable under Sections 329(4), 352, 118(1), 115(2), 74, 324(4), 351(2) and 190 of BNS, 2023. It is in this background, on 22.02.2026 at about 03.00 p.m., accused No.1 along with his friends and relatives had confronted CW1 and CW2 - 7 - HC-KAR CNR: KAHC010399142026 NC: 2026:KHC:38436 CRL.P No. 8366 of 2026 C/W CRL.P No. 6395 of 2026 and had assaulted them with wooden club and stones. As a result of the said assault, CW2 has suffered two grievous injuries and CW1 has suffered only simple injuries. CW1 and CW2, who were admitted in the Hospital, are now discharged and their condition is said to be stable. Investigation of the case is already completed and charge sheet has been filed. Petitioners are in custody in the present case for the last nearly five months. Under the circumstances, I am of the opinion that their prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.65/2026 registered by Pandavapura Police Station, Mandya, for the offences punishable under Sections 189(4), 191(3), 126(2), 109(1), 118(1), 352, 351(3), 115(1), 238, 118(2) and 190 of BNS, 2023. subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 8 - HC-KAR CNR: KAHC010399142026 NC: 2026:KHC:38436 CRL.P No. 8366 of 2026 C/W CRL.P No. 6395 of 2026 d) The petitioners shall not involve in similar offences in future; 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 DN List No.: 1 Sl No.: 58