Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 36743 (KAR)

AJAY KUMAR ALIAS AJAY v. STATE OF KARNATAKA

CRL.P/10978/2026 · 2026-08-20

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010504672026 NC: 2026:KHC:45144 CRL.P No. 10978 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10978 OF 2026 BETWEEN: AJAY KUMAR ALIAS AJAY S/O MUNI VENKATAPPA AGED ABOUT 26 YEARS R/AT NO.9, SRINIVASA STORE BHARATHI NAGAR, HUNASAMARANAHALLI YELAHANKA, BANGALORE - 562157. …PETITIONER (BY SRI VISHAL D, ADV., MS. RAKSHITH R, ADV.) AND: STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.173/2025 OF THE CHIKKAJALA POLICE STATION FOR THE OFFENCES P/U/S 103, 75, 115(2), 351(2), 352 54 R/W SEC.3(5) OF THE BNS, PENDING ON THE FILE OF THE LEANED II ADDITIONAL CIVIL JUDGE AND JMFC, DEVANAHALLI IN S.C.NO.15014/2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010504672026 NC: 2026:KHC:45144 CRL.P No. 10978 of 2026 ORAL ORDER 1. Accused no.1 in S.C.No.15014/2026 pending before the Court of V Addl. District & Sessions Judge, Bengaluru Rural District, sitting at Devanahalli, arising out of Crime No.173/2025 registered by Chikkajala Police Station, Bengaluru City, for the offences punishable under Sections 103, 75, 115(2), 351(2), 352, 54 read with 3(5) 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.173/2025 was registered Chikkajala Police Station, Bengaluru City, for the offences punishable under Sections 115(2), 351(2) read with 3(5), 352, 75 of BNS, 2023, against the petitioner and others based on the first information dated 12.11.2025 received from Sudha - daughter of deceased Narayanaswamy. It appears that Narayanaswamy who was admitted on the hospital had died on 16.11.2025 while undergoing treatment. Petitioner was arrested on 15.11.2025 and subsequently remanded to judicial custody on - 3 - HC-KAR CNR: KAHC010504672026 NC: 2026:KHC:45144 CRL.P No. 10978 of 2026 16.11.2025. After completing investigation, charge sheet is filed against four persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.15131/2026 was rejected on 30.06.2026. Therefore, petitioner is before this Court. 4. FIR in Crime No.173/2025 was registered on 12.11.2025 at about 13.30 hours in respect of the alleged incident that had taken place at about 18.30 hours on 11.11.2025 near the house of deceased Narayanaswamy. The material on record would go to show that on 11.11.2025 at about 11.00 a.m., accused no.2 who is the father of the petitioner and Narayanaswamy had fought against each other and in the said incident, accused no.2 had suffered an injury on his right hand. On 16.11.2025, accused nos.1 to 4 had come near the house of Narayanaswamy with an intention to demand money for the medical expenses incurred by accused no.2 for the injuries suffered by him in the incident that had taken place on 11.11.2025 in which he was assaulted by Narayanaswamy. It appears that after Narayanaswamy had refused to pay money, - 4 - HC-KAR CNR: KAHC010504672026 NC: 2026:KHC:45144 CRL.P No. 10978 of 2026 there was a quarrel between the parties and accused no.1 after assaulting Narayanaswamy with his hand, pushed him down to ground and when he fell down near a drainage, he allegedly kicked him. Thereafter, CW-4 & CW-5 intervened and accused nos.1 to 4 after criminally intimidating them, had left the spot. Injured Narayanaswamy was immediately thereafter shifted to a hospital and admitted for treatment. He died on 16.11.2025 while undergoing treatment. The medical report of the deceased would go to show that he had died due to acute myocardial infarction "SEPSIS" following traumatic cervical spinal cord injury resulted in C5 Anterolisthesis with locked facets due to "Blunt Trauma" due to assault. 5. Petitioner, who has no other criminal antecedents is in custody from 16.11.2026 onwards. Investigation of the case is now completed and charge sheet is filed. Incident in question had taken place after Narayanaswamy who had earlier assaulted accused no.2 - father of the petitioner had refused to bear the medical expenses for the treatment undergone by accused no.2 in respect of the injuries suffered by him in the incident dated 11.11.2025 in which Narayanaswamy had - 5 - HC-KAR CNR: KAHC010504672026 NC: 2026:KHC:45144 CRL.P No. 10978 of 2026 assaulted him. It appears that in the fit of rage, petitioner had assaulted Narayanaswamy with his hands and when he fell down, he had kicked him. Undisputedly, petitioner has not used any weapon nor was he armed when he went with the other accused persons near the house of Narayaswamy demanding reimbursement of medical expenses incurred by his father. Trial in the case is yet to commence. Considering the nature of allegations found against the petitioner who has no other criminal antecedents, I am of the opinion that his prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.15014/2026 pending before the Court of V Addl. District & Sessions Judge, Bengaluru Rural District, sitting at Devanahalli, arising out of Crime No.173/2025 registered by Chikkajala Police Station, Bengaluru City, for the offences punishable under Sections 103, 75, 115(2), 351(2), 352, 54 read with 3(5) of BNS, 2023, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010504672026 NC: 2026:KHC:45144 CRL.P No. 10978 of 2026 a) 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; 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 KK