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2026 DAILYLAW 31645 (KAR)

SURJAN KATAYATH @ SURJAN KAETHAYAT v. STATE OF KARNATAKA

CRL.P/7420/2026 · 2026-07-28

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010348822026 NC: 2026:KHC:39332 CRL.P No. 7420 of 2026 C/W CRL.P No. 11055 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. 7420 OF 2026 C/W CRIMINAL PETITION NO. 11055 OF 2026 IN CRL.P No. 7420/2026 BETWEEN: SURJAN KATAYATH @ SURJAN KAETHAYAT S/O RAM KATAYATH, AGED ABOUT 22 YEARS, RESIDING AT 6TH CROSS, GUTTAHALLI CIRCLE, SARJAPURA, BENGALURU - 562 125. …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: STATE OF KARNATAKA BY VIDHANA SOUDHA PS, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010348822026 NC: 2026:KHC:39332 CRL.P No. 7420 of 2026 C/W CRL.P No. 11055 of 2026 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO PASS AND ORDER GRANTING BAIL THEREBY DIRECTING THE RESPONDENT VIDHANA SOUDHA POLICE TO RELEASE THE PETITIONER IN S.C.NO.529/2026 IN CR.NO.117/2025 PENDING ON THE FILE OF THE HONBLE LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH- 68) FOR THE ALLEGED OFFENCE P/US/ 310(2), 238 OF BNS 2023. IN CRL.P NO. 11055/2026 BETWEEN: PRAKASH OLI @ PREM SON OF NARENDRA OLI AGE 24 YEARS, RESIDING AT C/O SHANKAR, JUNNASANDRA VILLAGE, NEAR AYYAPPA TEMPLE, SARJAPURA, BENGALURU CITY - 562 125. ...PETITIONER (BY SRI. VINOD KUMAR M, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY VIDHANA SOUDHA POLICE STATION, BENGALURU CITY REPRESENTED BY PETITIONER THROUGH THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, - 3 - HC-KAR CNR: KAHC010348822026 NC: 2026:KHC:39332 CRL.P No. 7420 of 2026 C/W CRL.P No. 11055 of 2026 AMBEDKAR VEEDHI, BANGALORE - 560 001. ...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 BAIL IN CRIME NO.117/2025 VIDHANA SOUDHA POLICE STATION U/S.310(2) AND 238 OF BNS 2023, PENDING IN S.C.NO.529/2026 ON THE FILE OF THE LII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in S.C.No.529/2026 pending before the Court of LXVII Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.117/2025 registered by Vidhana Soudha Police Station, Bengaluru City for the offences punishable under Section 310(2) and - 4 - HC-KAR CNR: KAHC010348822026 NC: 2026:KHC:39332 CRL.P No. 7420 of 2026 C/W CRL.P No. 11055 of 2026 238 of BNS, 2023, are before this Court in these petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent / State. 3. FIR in Crime No.117/2025 was registered by Vidhana Soudha Police Station, Bengaluru City for the offences punishable under Section 310(2) of BNS, 2023 against Kaethayat Surjan and others, based on the first information dated 17.11.2025, received from Bimal Giri son of Suresh Giri. In the said case, accused No.1 was arrested on 19.01.2026 and accused No.2 was arrested on 01.12.2025. Their bail applications filed before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court in these two petitions. 4. In the first information dated 17.11.2025 submitted by the alleged victim, it is averred that on - 5 - HC-KAR CNR: KAHC010348822026 NC: 2026:KHC:39332 CRL.P No. 7420 of 2026 C/W CRL.P No. 11055 of 2026 16.11.2025, he and his brother Saroj Giri had visited Vidhana Soudha at Bengaluru and when they were about to return home, at about 08.00 p.m., near the metro station opposite Vidhana Soudha, six boys from Nepal restrained the first informant and his brother and one amongst them had assaulted him with a helmet and screwdriver and caused injuries. Thereafter, the said boys snatched the mobile phone of the first informant and also cash of his Rs.9,180/- and after criminally intimidating the informant and his brother, escaped from the spot of crime. Subsequently in the face book, first informant recognized accused No.1 and it is under these circumstances FIR was registered against accused Nos.1 and 5 other Nepali boys. During the course of investigation, the mobile phone belonging to the first informant and the cash of Rs.9,180/- has been recovered. Investigation of the case is completed and charge sheet is filed. Maximum punishment for the alleged offence is imprisonment for a period of 10 years. Insofar as the accused No.1 is concerned, he is a person - 6 - HC-KAR CNR: KAHC010348822026 NC: 2026:KHC:39332 CRL.P No. 7420 of 2026 C/W CRL.P No. 11055 of 2026 with criminal antecedents. Accused No.2 has no other criminal antecedents. 5. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in S.C.No.529/2026 pending before the Court of LXVII Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.117/2025 registered by Vidhana Soudha Police Station, Bengaluru City for the offences punishable under Sections 310(2) and 238 of BNS, 2023, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum out of which - 7 - HC-KAR CNR: KAHC010348822026 NC: 2026:KHC:39332 CRL.P No. 7420 of 2026 C/W CRL.P No. 11055 of 2026 one shall be a local surety 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; 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 him is disposed off. f) The accused No.1 shall appear before the Station House Officer (S.H.O) of Vidhana Soudha Police Station on every first and third Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance regularly for a period - 8 - HC-KAR CNR: KAHC010348822026 NC: 2026:KHC:39332 CRL.P No. 7420 of 2026 C/W CRL.P No. 11055 of 2026 of 1 year from the date of his release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 65