- 1 - HC-KAR CNR: KAHC010246302026 NC: 2026:KHC:42413 CRL.P No. 5421 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. 5421 OF 2026 (439(2)(Cr.PC) / 483(3)(BNSS)) BETWEEN: STATE OF KARNATAKA, BY KONANAKUNTE POLICE STATION, BENGALURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560 001. …PETITIONER (BY SRI. VINAY MAHADEVAIAH., HCGP) AND: SRI HARSHA M @ PULACHAR, S/O MAHADEV, AGED ABOUT 25 YEARS, R/AT NO.6, ABBAIAH LAYOUT, SARAKKI LAKE, J.P. NAGAR, VI STAGE, BENGALURU. …RESPONDENT (BY SRI. VENUGOPAL K., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010246302026 NC: 2026:KHC:42413 CRL.P No. 5421 of 2026 THIS CRL.P IS FILED U/S 439(2) CR.P.C (U/S 483(3) BNSS) BY THE STATE PUBLIC PROSECUTOR AND ADVOCATE FOR PETITIONER - STATE PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) CANCEL THE ORDER GRANTING BAIL TO RESPONDENT/ACCUSED NO.5 VIDE ORDER DTD 04.07.2022 IN SC.NO.958/2022 PASSED BY LIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER State is before this Court in this petition filed under Section 483(3) of BNS 2023, r/w Section 439(2) of Cr.P.C, with a prayer to set aside the order dated 18.02.2026 passed by the Court of XV Addl. City Civil and Sessions Judge, Bemgaluru City, in Crl.Misc.No.4179/2025 and cancel the regular bail granted to the respondent in S.C.No.958/2022 pending before the said court arising out of Crime No.2/2022, registered by Konanakunte Police Station, Bangalore, for offences punishable under Sections - 3 - HC-KAR CNR: KAHC010246302026 NC: 2026:KHC:42413 CRL.P No. 5421 of 2026 143, 147, 148, 323, 324, 307, 149 of IPC and Section 25(1)(B)(b) of Arms Act. 2. Heard the learned counsel appearing for the parties. 3. Respondent herein was arraigned as accused No.5 in S.C.No.958/2022 had approached the trial Court seeking regular bail and his bail application was allowed by the trial court, vide order dated 04.07.2022, subject to certain conditions. Condition No.1 found in the order dated 04.07.2022 passed by the trial court in S.C. No.958/2022 while granting regular bail to the petitioner, reads as follows; "1. Petitioner shall not commit similar offences." 4. On the ground that the respondent has violated the said condition, the petitioner - State had filed Crl. Misc.No.4179/2025 before the Court of XV Additional City Civil and Sessions Judge, who was in charge of 59th - 4 - HC-KAR CNR: KAHC010246302026 NC: 2026:KHC:42413 CRL.P No. 5421 of 2026 Additional City Civil and Sessions Judge, Bengaluru, seeking cancellation of bail granted to the respondent in S.C.No.958/2022. The learned Sessions Judge, vide order dated 18.02.2026 has dismissed the Crl.Misc. No.4179/2025. Therefore, State is before this Court. 5. The respondent, who is arraigned as accused No.5 in S.C.No.958/2022 was granted regular bail by the trial court vide order dated 04.07.2022, subject to certain conditions. The impugned condition No.1 states that petitioner shall not commit similar offences. On the allegation that petitioner was involved in another criminal case after he was granted regular bail by the trial court in S.C.No.958/2022, State has filed Crl.Misc.No.4179/2025 before the learned Sessions Judge seeking cancellation of the bail granted to the respondent in S.C.No.958/2022. 6. According to the petitioner, the respondent was involved in Crime No.405/2024 registered by Konanakunte Police Station for offences punishable under Sections - 5 - HC-KAR CNR: KAHC010246302026 NC: 2026:KHC:42413 CRL.P No. 5421 of 2026 115(2), 118(1), 132 and 352 of BNS. Plain reading of the first information in Crime No.405/2024 would go to show that on the alleged date of incident, at about 08.00 p.m., petitioner who was riding his motorbike allegedly had jumped the signal and when the traffic police constable questioned him, he allegedly abused him using filthy language and also assaulted him with hands. It is under these circumstances, FIR was registered against the petitioner in Crime No.405/2024 on 26.10.2024. The alleged offences in Crime No.405/2024 are not similar to the offences for which the petitioner has been charge sheeted in S.C.No.958/2022. It is brought to the notice of this Court that in Crime No.405/2024 charge sheet is already filed and petitioner is being tried before the jurisdictional Court of Magistrate in the said case in C.C.No.3526/2025 and the evidence of the alleged victim in C.C.No.3526/2025 is already recorded. - 6 - HC-KAR CNR: KAHC010246302026 NC: 2026:KHC:42413 CRL.P No. 5421 of 2026 7. Considering the aforesaid aspects of the matter and also the inordinate delay in filing the application for cancellation of bail, I am of the opinion that the learned Sessions Judge was justified in passing the impugned order. Therefore, I do not find any good ground to entertain this petition. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KLY List No.: 1 Sl No.: 40