Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010407542026 NC: 2026:KHC:39066 CRL.P No. 8603 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8603 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN:
SRI. RANJITH BARMAN S/O. DEWAN BARMAN AGED ABOUT 31 YEARS R/A KISMATH DAS VILLAGE AND POST KOCH BIHAR DISTRICT WEST BENGAL. …PETITIONER (BY SRI. KARTHIK M., ADVOCATE) AND:
THE STATE BY BENNERUGHATTA PS (REP. BY HCGP HIGH COURT BANGALORE) …RESPONDENT (BY SRI.RANGASWAMY R, HCGP. FOR RESPONDENT)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C. (FILED U/S.483 BNSS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.355/2025 FOR AN OFFENCE P/U/S 103(1),351(2) AND (3),352 OF BNS ACT OF BANNERUGHATTA POLICE STATION, NOW PENDING IN III ADDL CIVIL JUDGE AND JMFC ANEKAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR
CNR: KAHC010407542026 NC: 2026:KHC:39066 CRL.P No. 8603 of 2026
ORAL ORDER
1. Accused No.1 in Crime No.355/2025 registered by the Bannerghatta Police Station for offences punishable under Sections 103(1), 351(2), 351(3) and 352 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-state. 3. FIR in Crime No.355/2025 was registered by Bannerghatta Police Station, for the offences punishable under Sections 118(1) and 352 of BNS, 2023 against the petitioner herein based on the first information dated 02.12.2025 received from one Suresh.M, son of Murugeshan.K., who was employer of the petitioner and deceased. In the said case, the petitioner was arrested on 14.12.2025 and produced before the jurisdictional Court at Bengaluru on 17.12.2025 and remanded to judicial
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HC-KAR
CNR: KAHC010407542026 NC: 2026:KHC:39066 CRL.P No. 8603 of 2026
custody. Investigation of the case has been completed and charge sheet has been filed against the petitioner and others for the aforesaid offences. The bail application of the petitioner filed before the Trial Court in Crl.Misc.No.5158/2026 was rejected on
17.04.2026. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that the petitioner, deceased-Sameer Modak, and CW-2 to CW-5 were all working in an under-construction building belonging to the first informant. On 30.11.2025, the aforesaid persons were consuming alcohol in the under- construction building, and it appears that at about 10.00 p.m., the petitioner and deceased-Sameer Modak had quarrelled with each other. Sameer Modak thereafter had assaulted the petitioner on his head with a beer bottle and caused injuries. In retaliation, the petitioner picked up an iron rod and assaulted Sameer Modak on his head and ran away from the spot. Injured Sameer Modak, who was
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HC-KAR
CNR: KAHC010407542026 NC: 2026:KHC:39066 CRL.P No. 8603 of 2026
shifted to the hospital, subsequently died while undergoing treatment on 02.12.2025. 5. First information in the present case was lodged on 02.12.2025 in respect of the alleged incident that had taken place on 30.11.2025.
After Sameer Modak had died in the hospital, the offence punishable under Section 103(1) of the BNS, 2023 was invoked in the present case, and the petitioner, who had gone to his native place in West Bengal, was arrested on 14.12.2025 and was produced before the Jurisdictional Court in West Bengal. He was thereafter brought to Bangalore on a transit warrant and produced before the Court on 17.12.2025. 6. It is not in dispute that the petitioner has no other criminal antecedents. After the petitioner and Sameer Modak had quarrelled on 30.11.2025, it was Sameer Modak who had initially assaulted the petitioner with a beer bottle, and in retaliation, the petitioner also had assaulted Sameer Modak with an iron rod. Sameer Modak had not sustained any grievous external injury and,
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HC-KAR
CNR: KAHC010407542026 NC: 2026:KHC:39066 CRL.P No. 8603 of 2026
therefore, the FIR was registered for offences punishable under Sections 118(1) and 352 of the BNS, 2023. It appears that, in view of certain internal injuries sustained by Sameer Modak, he subsequently died in the hospital on
02.12.2025. Medical records of the petitioner would go to show that he also had sustained multiple injuries on his face and head as a result of the assault made by Sameer Modak. 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 order:
ORDER i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Crime No.355/2025 registered by the Bannerghatta Police Station for offences punishable under Sections 103(1), 351(2), 351(3) and 352 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:
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HC-KAR
CNR: KAHC010407542026 NC: 2026:KHC:39066 CRL.P No. 8603 of 2026
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties of which one shall be 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;
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
HA LIST NO.: 1 SL NO.: 78