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2026 DAILYLAW 33106 (KAR)

KONDAMPALLI PAVANKUMAR v. STATE OF KARNATAKA

CRL.P/9651/2026 · 2026-08-11

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010451982026 NC: 2026:KHC:42650 CRL.P No. 9651 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9651 OF 2026 BETWEEN: KONDAMPALLI PAVANKUMAR S/O KONDAMPALLI SRINIVASALU AGED ABOUT 24 YEARS R/AT MELAPURAM, SADASHIVANAGAR HINDUPURAM TOWN AND TALUK SATHYASAI DIST. - 515 201 (FORMERLY KNOWN AS ANANTHAPUR DIST.) ANDHRA PRADESH …PETITIONER (BY SRI KARTHIK YADAV V, ADV., FOR SRI VENKATA REDDY S.K, ADV.) AND: STATE OF KARNATAKA BY PAVAGADA POLICE STATION PAVAGADA, TUMAKURU DIST - 561 202, REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU CITY - 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 ALLOW THE PETITION AND ORDER TO RELEASE THE PETITIONER/ ACCUSED ON BAIL, IN CR.NO.17/2026, FOR THE OFFENCES P/U/S 109 OF BNS, 2023, ON THE FILE OF THE RESPONDENT POLICE / PAVAGADA POLICE, PAVAGADA, TUMAKURU DISTRICT WHICH IS NOW REGISTERED AS S.C.NO.5023/2026, FOR THE OFFENCE P/U/S 109, 311 OF BNS, 2023 ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010451982026 NC: 2026:KHC:42650 CRL.P No. 9651 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.5023 of 2026 pending before the Court of IV Additional District & Sessions Judge, Tumakuru ( Sitting at Madhugiri) arising out of Crime No.17 of 2026 registered by Pavagada Police Station, Tumakuru District for offence punishable under Sections 109 and 311 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.17 of 2026 was registered by Pavagada Police Station, Tumakuru District initially for offence punishable under Section 109 of BNS, 2023 against unknown persons, based on the first information dated 22.01.2026, received from Smt. Aluvelamma, niece of the injured victim Smt. Jayamma. In the said case, petitioner was arrested on 22.01.2026 and subsequently, remanded to judicial custody. - 3 - HC-KAR CNR: KAHC010451982026 NC: 2026:KHC:42650 CRL.P No. 9651 of 2026 After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.5206 of 2026 was rejected on 15.06.2026. Therefore, he is before this Court. 4. First informant in the present case is a hearsay witness. During the course of investigation, petitioner was arrested and after completing investigation, charge sheet is now filed against him for the aforesaid offences. As per the charge sheet allegations, the petitioner who was facing serious financial problems had entered the house of CW2 - Smt. Jayamma, who is the alleged victim of the present case at about 10.30 p.m. on 21.01.2026 and had tried to snatch the gold chain, which she was wearing in her neck. Since Jayamma resisted his act, he allegedly assaulted her with a machete, which was inside her house and caused injuries. 5. The material on record would go to show that, Smt. Jayamma is a close relative of the petitioner and in the alleged incident that had taken place on 21.01.2026, she has suffered only simple injuries. FIR has been registered in the present - 4 - HC-KAR CNR: KAHC010451982026 NC: 2026:KHC:42650 CRL.P No. 9651 of 2026 case only for offence committed under Section 109 of BNS, 2023 and based on the statement of the alleged victim, which was recorded subsequently, the offence punishable under Section 311 of BNS, 2023 is also invoked against the petitioner with the allegation that on the alleged date of incident he had tried to snatch the chain of the victim which she was wearing. Investigation of case is completed and charge sheet is filed. Petitioner aged, 24 years is in custody in the present case for the last more than six months. Under these circumstances, the following :- ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.5023 of 2026 pending before the Court of IV Additional District & Sessions Judge, Tumakuru ( Sitting at Madhugiri) arising out of Crime No.17 of 2026 registered by Pavagada Police Station, Tumakuru District for offence punishable under Sections 109 and 311 of BNS, 2023, subject to the following conditions: - 5 - HC-KAR CNR: KAHC010451982026 NC: 2026:KHC:42650 CRL.P No. 9651 of 2026 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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. 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 NMS List No.: 1 Sl No.: 53