- 1 - HC-KAR CNR: KAHC010483992026 NC: 2026:KHC:43804 CRL.P No. 10486 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10486 OF 2026 BETWEEN: SUBHAM KUMAR S/O LATE BABU RAHUTH AGED ABOUT 25 YEARS, RESIDING AT C/O SHIVANANDA GUDDAADKERI HOUSE, MALLAPURA VILLAGE, KASABA HOBALI, NELAMANGALLA TALUK, BENGALURU RURAL DISTRICT-562123. (PETITIONER IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: STATE OF KARNATAKA BY NELAMANGALA RURAL PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT NELAMANGALA RURAL Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010483992026 NC: 2026:KHC:43804 CRL.P No. 10486 of 2026 POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1 IN CR NO.3/2026 IN CC NO.2438/2026 PENDING ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE AND JMFC NELAMANGALA FOR THE ALLEGED OFFENCES P/U/S 109(1), 238, OF THE BNS SECTIONS 3, 5, 7, 25(1)(A), 25(1)(AA), 27(2) OF THE ARMS ACT. 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 No.1 in Crime No.3/2026 registered by the Nelamangala Rural Police Station, Bengaluru District, for the offences punishable under Sections 109(1) and 238 of BNS, 2023 and Sections 3, 5, 7, 25(1-a), 25(1A), 25(1AA), 27(2) of Indian Arms Act, 1959, is before this Court in this petition filed under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.3/2026 was registered by Nelamangala Police Station, Bengaluru District, for the aforesaid offences against the petitioner herein, based on the first information dated 10.01.2026 received from Shivakumar son of Chikkaiah, who is a cab driver. In the said case, the petitioner was - 3 - HC-KAR CNR: KAHC010483992026 NC: 2026:KHC:43804 CRL.P No. 10486 of 2026 arrested on 11.01.2026, and remanded to judicial custody. After completion of investigation, charge sheet is filed against two persons. The petitioner is arraigned as accused No.1 in the said case. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1180/2026 was rejected on 29.06.2026. Therefore, he is before this Court. 4. In the typed first information dated 10.01.2026 submitted by Shivakumar, who is a cab driver, it is stated that on the said date at about 7.15 pm., he had picked up two girls, who were from Egipura. On their way, the victim girls allegedly informed him that somebody was following them. Immediately thereafter, the first informant had made a phone call to the police, who arrived near the spot at about 9.30 pm., apprehended the petitioner and from his possession one pistol and live bullets were recovered. Therefore, FIR was registered against him for the aforesaid offences. 5. During the course of investigation, two persons were arrested and charge sheeted. In the charge sheet, it is alleged that the victim girls were pursuing their nursing degree course and one of the victim i.e., CW.2 allegedly had developed - 4 - HC-KAR CNR: KAHC010483992026 NC: 2026:KHC:43804 CRL.P No. 10486 of 2026 intimacy with the petitioner, who was working in a Café. It appears that, CW.2 had also borrowed money from the petitioner. Allegation in the charge sheet is that, subsequently, the petitioner had demanded her to send him her nude photos and therefore, she had blocked his phone number. Therefore, on 10.01.2026, he had borrowed a pistol and five live bullets from accused No.2 and had followed the victim girls. 6. Undisputedly, the victim girls or anybody else have not suffered any injuries in the incident in question and not even a an attempt was made by the petitioner to fire at them from the pistol, which he was carrying. Allegation against him is that he was following the victim girls and at that stage, it was found that he was carrying a pistol and live bullets. It is not in dispute he has no other criminal antecedents. 7. The learned Additional SPP has brought to the notice of this Court that the petitioner hails from Bihar State and therefore, it would be difficult to secure his presence in the present case, if he is enlarged on bail. Such an apprehension can be taken care of by imposing suitable conditions. - 5 - HC-KAR CNR: KAHC010483992026 NC: 2026:KHC:43804 CRL.P No. 10486 of 2026 8. Accordingly, the following: ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.3/2026 registered by the Nelamangala Rural Police Station, Bengaluru District, for the offences punishable under Sections 109(1) and 238 of BNS, 2023 and Sections 3, 5, 7, 25(1-a), 25(1A), 25(1AA), 27(2) of Indian Arms Act, 1959, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties (out of which one 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 their 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. - 6 - HC-KAR CNR: KAHC010483992026 NC: 2026:KHC:43804 CRL.P No. 10486 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 66