- 1 - HC-KAR CNR: KAHC010419452026 NC: 2026:KHC:39306 CRL.P No. 8949 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. 8949 OF 2026 BETWEEN: SHIVASHANKAR @ SHIVU S/O DEVENDRA, AGE - 26 R/AT OPP GOVERNMENT SCHOOL 2ND CROSS, PATTANDURU AGRAHARA WHITEFIELD, BENGALURU - 560 066. …PETITIONER (BY SRI SHREESHAIL B ITI, ADV.) AND: THE STATE OF KARNATAKA THROUGH WHITEFIELD POLICE STATION BANGALORE CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS MEMORANDUM OF CRIMINAL PETITION AND BE PLEASED TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.309/2026 REGISTERED FOR ALLEGED OFFENCE P/US/ 103(1) OF BNS BY THE RESPONDENT WHITEFIELD POLICE, PENDING BEFORE ACJM BENGALURU RURAL DISTRICT, BENGALURU. 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 NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010419452026 NC: 2026:KHC:39306 CRL.P No. 8949 of 2026 ORAL ORDER 1. Accused no.2 in Crime No.309/2026 registered by Whitefield Police Station, Bengaluru City, for the offence punishable under Sections 103(1) read with 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.309/2026 was registered by Whitefield Police Station, Bengaluru City, for the aforesaid offence against Shivu and others. In the said case, petitioner who was arrayed as accused no.1 in the FIR was arrested on 19.04.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.932/2026 was rejected on 04.06.2026. Therefore, petitioner is before this Court. 4. Petitioner who was arrayed as accused no.1 in the FIR was arrested in the present case on 19.04.2026. After completing investigation, charge sheet is now filed against - 3 - HC-KAR CNR: KAHC010419452026 NC: 2026:KHC:39306 CRL.P No. 8949 of 2026 four persons. Petitioner is arrayed as accused no.2 in the charge sheet. The allegation as against accused persons in the charge sheet is that they had fought with deceased Akash Stephen and had assaulted him with their hands and legs. As a result, Akash Stephen fell down and had lost his consciousness. Charge sheet material would go to show that injured Akash Stephen was admitted in Vaidehi Institute of Medical Science and Research Centre Hospital, Whitefield, Bengaluru, at about 3.00 a.m. on 10.04.2026 with a history of assault at about 1.30 a.m. and he was discharged from hospital on the same day. It appears that subsequently, Akash Stephen was admitted in Bowring and Lady Curzon Hospital, Bengaluru, on 10.04.2026 at about 8.00 p.m. with a history of fall under the influence of alcohol. 5. It is not in dispute that petitioner has no other criminal antecedents. Investigation of the case is completed and charge sheet has been filed. Undisputedly, accused persons have not used any weapon to assault the deceased. Considering the aforesaid aspects of the matter, I am of the - 4 - HC-KAR CNR: KAHC010419452026 NC: 2026:KHC:39306 CRL.P No. 8949 of 2026 opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.309/2026 registered by Whitefield Police Station, Bengaluru City, for the offence punishable under Sections 103(1) read with 3(5) of BNS, 2023, subject to the following conditions: a) 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; - 5 - HC-KAR CNR: KAHC010419452026 NC: 2026:KHC:39306 CRL.P No. 8949 of 2026 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 KK