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2026 DAILYLAW 32163 (KAR)

SRI MALLIKARJUN KUMBAR v. THE STATE BY BHARAMASAGARA POLICE STATION

CRL.P/8759/2026 · 2026-07-31

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010411842026 NC: 2026:KHC:40086 CRL.P No. 8759 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8759 OF 2026 BETWEEN: SRI MALLIKARJUN KUMBAR S/O LATE HANUMANT @ HANUMANTH AGED ABOUT 31 YEARS R/AT GUNAKI VILLAGE, BIJAPUR TALUK BIJAPUR DISTRICT …PETITIONER (BY SRI. RAJANNA H., ADVOCATE) AND: THE STATE BY BHARAMASAGARA POLICE STATION CHITRADURGA DISTRICT, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CRIME NO.127/2026 OF BHARAASAGARA POLICE STATION PENDING ON THE FILE OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010411842026 NC: 2026:KHC:40086 CRL.P No. 8759 of 2026 THE II ADDL.CIVIL JUDGE AND JMFC AT CHITRADURGA FOR THE OFFENCES U/S 312, 324(4) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.9 in Crime No.127/2026 registered by Bharamasagara Police Station, Chitradurga for the offences punishable under Section 312 and 324(4) 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.127/2026 was registered by Bharamasagara Police Station, Chitradurga against Odivelu and others, based on the first information dated 21.03.2026 received from Papanna son of Gadrappa. In the said case, the petitioner was arrested on 16.04.2026 and remanded to judicial custody. His bail application filed - 3 - HC-KAR CNR: KAHC010411842026 NC: 2026:KHC:40086 CRL.P No. 8759 of 2026 before the jurisdictional Sessions Court in Crl.Misc.No.437/2026 was rejected on 02.05.2026. Therefore, he is before this Court. 4. In the first information which is filed by Sri.Papanna on 21.03.2026, he has stated that he is working as a gardener in the farmhouse of one Sri.Devendrappa. On 20.03.2026 at about 08.00 p.m. when he was sitting outside the farmhouse about 7 to 8 persons, who were wearing mask on their face, armed with weapons, came there and asked him to handover the keys. Thereafter, they allegedly broke open the door of the house, went inside and searched for valuables in the house. Since they did not get anything inside the house, they allegedly broke the window pans of the house and thereafter ran away. He has further stated that since one of them removed his mask while escaping, he could identify him. It is under these circumstances, FIR was registered against Odivelu and others in Crime - 4 - HC-KAR CNR: KAHC010411842026 NC: 2026:KHC:40086 CRL.P No. 8759 of 2026 No.127/2026 by Bharamasagara Police Station, Chitradurga. 5. It is not in dispute that petitioner has no other criminal antecedents. Allegation in the first information is that accused persons had made attempt to commit dacoity in the farmhouse of the first informant. Similarly placed other accused persons, who had approached this Court in Crl.Misc.No.5626/2026 have been granted regular bail by this Court vide order dated 12.06.2026. 6. 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: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.127/2026 registered by Bharamasagara Police Station, Chitradurga - 5 - HC-KAR CNR: KAHC010411842026 NC: 2026:KHC:40086 CRL.P No. 8759 of 2026 for the offences punishable under Section 312 and 324(4) of BNS, 2023, subject to the following conditions: a) The 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; Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 65