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2026 DAILYLAW 31796 (KAR)

SRI AKASH RAJ BAR @ AKASH RAJBHAR @ AKAHSH v. STATE OF KARNATAKA

CRL.P/9061/2026 · 2026-07-29

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010423192026 NC: 2026:KHC:39555 CRL.P No. 9061 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9061 OF 2026 BETWEEN: SRI AKASH RAJ BAR @ AKASH RAJBHAR @ AKAHSH S/O LATE PANNALAL RAJ BAR AGED ABOUT 23 YEARS PERMANENT RESIDENT OF LASARA KHURD, NIKAT DEVAPUR BAZAR GRAM V POST, LASARA KHURD MARTIPUR, AZAMGARH UTTAR PRADESH - 276 303. …PETITIONER (BY SRI MANOJ S.N, ADV.) AND: STATE OF KARNATAKA BY KUMBALAGUDU POLICE STATION BENGALURU - 560 045 NOW REPRESENTED BY THE SPP HIGH COURT BUILDING AMBEDKAR VEEDHI OPP. TO VIDHANA SOUDHA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.44/2026 FOR THE ALLEGED OFFENCES P/U/S 103(1) OF THE BNS 2023 PENDING ON THE FILE OF THE 1ST ADDL.DISTRICT AND SESSIONS JUDGE, BENGAURU RURAL BENGALURU ARISING OUT OF CRIME NO.279/2025 REGISTERED BY KUMBALAGUDU POLICE STATION BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423192026 NC: 2026:KHC:39555 CRL.P No. 9061 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.44 of 2026 pending before the Court of I Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.279 of 2025 registered by Kumbalagodu Police Station, Bengaluru City for offences punishable under Sections 103(1) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the counsel for the parties. 3. FIR in Crime No.279 of 2025 was registered by Kumbalagodu Police Station, Bengaluru City for the aforesaid offence against the petitioner herein and another, based on the first information dated 24.08.2025, received from one Sri Rohith H N, son of Neelakanta. During the course of investigation of the said case, petitioner was arrested on 27.08.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid - 3 - HC-KAR CNR: KAHC010423192026 NC: 2026:KHC:39555 CRL.P No. 9061 of 2026 offence. His bail application filed before the trial Court in Crl.Misc.No.895 of 2026 was rejected on 16.05.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, deceased Amit Bharadwaj, CW1, CW12 & CW13 all hail from Uttar Pradesh State and they are childhood friends. They had come to Bengaluru as construction workers. On 24.08.2025 at about 4.00 p.m, petitioner & deceased Amit Bharadwaj had met CW12 and they had gone to meet CW1, who was working in M/s S.V. Concrete plant. At that time, petitioner and Amit Bharadwaj started quarreling with each other about speaking over mobile phone to CW13 - Smt. Manita. It appears that CW12 had pacified them and had asked them to sleep and he had gone outside. Subsequently, at about 07.00 p.m. petitioner and Amit Bharadwaj had once again fought and petitioner allegedly had stabbed Amit Bharadwaj on his right arm with a glass piece and caused injuries. Undisputedly, there is no direct evidence to the said incident which had taken place at about 07.00 p.m. on 24.08.2025. The alleged eye witnesses only speak about the quarrel between petitioner and deceased Amit - 4 - HC-KAR CNR: KAHC010423192026 NC: 2026:KHC:39555 CRL.P No. 9061 of 2026 Bharadwaj prior to the alleged incident that had taken place at 07.00 p.m, on 24.08.2025. 5. Post mortem report of deceased Amit Bharadwaj would go to show that, he had suffered injuries only on his right arm. Undisputedly, petitioner was not armed and he had used a broken glass piece for assaulting Amit Bharadwaj, after quarreling with him. The incident in question appears to have taken place in a spur of moment and undisputedly, petitioner and deceased were childhood friends. It is not the case of the prosecution that petitioner had any ill will or motive as against deceased Amit Bharadwaj. Petitioner aged 23 years having no criminal antecedents is in custody from 27.08.2025 onwards. Investigation of the case is now completed. Entire case of the prosecution is based on circumstantial evidence. Under the circumstances, the following:- ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.44 of 2026 pending before the Court of I Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru, - 5 - HC-KAR CNR: KAHC010423192026 NC: 2026:KHC:39555 CRL.P No. 9061 of 2026 arising out of Crime No.279 of 2025 registered by Kumbalagodu Police Station, Bengaluru City for offences punishable under Sections 103(1) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties ( Out of which one surety must 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 - 6 - HC-KAR CNR: KAHC010423192026 NC: 2026:KHC:39555 CRL.P No. 9061 of 2026 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 62