- 1 - HC-KAR CNR: KAHC010371312026 NC: 2026:KHC:40410 CRL.P No. 7772 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7772 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. UDAY KUMAR S/O. KRISHNA, AGED ABOUT 25 YEARS, R/AT NO.17-8-20, HASANABAD, BAPUJI NAGARA, HINDUPURA TOWN, SRISATHASAI DISTRICT, ANDHARA PRADESH, …PETITIONER (BY SRI. GOVARDHAN. S., ADVOCATE) AND: STATE OF KARNATAKA REP. BY KODIGENAHALLI POLICE STATION, MADHUGIRI CIRCLE, TUMAKURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE. …RESPONDENT (BY SRI.RANGASWAMY.R., HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010371312026 NC: 2026:KHC:40410 CRL.P No. 7772 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 17-04-2026 AT ANNEXURE-A PASSED BY THE LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI, IN CRL. MISC. NO.5121/2026 AND ENLARGE THE PETITIONER ON REGULAR BAIL IN SC. NO.5005/ 2026, FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1), 3(5), 61 OF BHARATIYA NYAYA SANHITA, 2023 AND ETC., 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.3 in Crime No.135/2025 registered by Kodigenahalli Police Station, Tumkuru for offences punishable under Sections 103(1), 3(5), 61 of BNS 2023, is before this Court in this petition filed under Section 483 of BNSS 2023, seeking regular bail. - 3 - HC-KAR CNR: KAHC010371312026 NC: 2026:KHC:40410 CRL.P No. 7772 of 2026 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.135/2025 was registered by Kodigenahalli Police Station against one Shiva and others, based on the first information dated 14.10.2025 received from Nagarathnamma, mother of deceased Pawan Kalyan. In the said case, petitioner was arrested on 10.01.2026 and remanded to the judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegation against accused Nos.2 and 3 is similar in the charge sheet. Petitioner has no other criminal antecedent. Accused No.2 has been granted regular bail by this court in Criminal Petition No.4433/2026, disposed of on 09.07.2026. - 4 - HC-KAR CNR: KAHC010371312026 NC: 2026:KHC:40410 CRL.P No. 7772 of 2026 5. Learned High Court Government Pleader has opposed the petition, however, does not seriously dispute the submission made by learned counsel for the petitioner. 6. In paragraph Nos.6, 7 and 8 of the order passed in Criminal Petition No.4433/2026, this Court has observed as follows; "6. According to the prosecution, on 12.10.2025 at about 1.00 p.m., when accused No.2 and his friend Durga Prasad, CW24 were consuming alcohol near Nandini Boarding and lodging, deceased Pavan Kalyan and his friends CWs.2 and 3 came there and there was a quarrel between accused No.2 and the deceased for the reason that the deceased had stared at him. Subsequently, accused No.2 and CW24 had gone away and thereafter, accused No.2 had returned along with accused No. 1 and 3 to the spot where deceased was consuming alcohol with CW2 and CW3 and had quarrelled with Pavan Kalyan. It is alleged that accused No.1- Shiva after quarrelling with Pavan Kalyan, assaulted him on his head and other parts of the body with - 5 - HC-KAR CNR: KAHC010371312026 NC: 2026:KHC:40410 CRL.P No. 7772 of 2026 the cricket bat and when Pavan Kalyan fell down, petitioner and accused No.3 allegedly assaulted him with their hands and legs. 7. Material on record would go to show that the incident in which Pavan Kalyan was assaulted by accused Nos.1 to 3 had taken place near Nandini Boarding and Lodging at about 2.00 p.m.,on 12.10.2025. First information would reveal that Pavan Kalyan had returned home on the said day at about 7.00 p.m., and had informed his mother that when he along with his friends CW2 and CW3 were consuming alcohol in Nandini bar, accused persons who came there had called him home, since he had refused to accompany them, they allegedly assaulted him. 8. On the night of 12.10.2025. Pavan Kalyan had slept in his house and on the next day i.e., on 13.10.2025 at about 10.30 a.m., he had complained of pain and therefore, a Doctor was summoned to the house and Pavan Kalyan was allegedly treated by the said Doctor. Subsequently, at 5.00 p.m., on 13.10.2025, Pavan Kalyan started vomiting and thereafter, he was taken to the hospital and in the said hospital - 6 - HC-KAR CNR: KAHC010371312026 NC: 2026:KHC:40410 CRL.P No. 7772 of 2026 he had died at about 4.26 a.m., on 14.10.2025. First information is thereafter filed belatedly at about 8.15 p.m., on 14.10.2025. The inordinate delay in approaching the police is not at all satisfactorily explained in the present case." 7. It is not in dispute that petitioner has no other criminal antecedent. Allegation against him is similar to the allegation found as against accused No.2, who has been granted regular bail by this court in Criminal Petition No.4433/2026. Under the circumstances, following; ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.135/2025 registered by Kodigenahalli P.S. Tumkuru, now pending before the Principal Civil Judge (Sr.Dn) and CJM Madhugiri, Tumkuru, for offences punishable under Section 103(1), 3(5), 61 of BNS 2023, subject to the following conditions: - 7 - HC-KAR CNR: KAHC010371312026 NC: 2026:KHC:40410 CRL.P No. 7772 of 2026 (a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum (out of which one surety shall be local surety), to the satisfaction of the jurisdictional Court; (b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) Petitioner shall not involve in similar offences in future; 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 KLY List No.: 1 Sl No.: 58