- 1 - HC-KAR CNR: KAHC010534192026 NC: 2026:KHC:47001 CRL.P No. 11718 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11718 OF 2026 BETWEEN: KARTHIK C.M S/O MURTHY C.B, AGED ABOUT 25 YEARS R/A NO.336/1, 2ND CROSS 1ST MAIN, NEAR RAGHAVENDRA TEMPLE, LAVAKUSHANAGAR LAGGERE, BENGALURU - 560 058. …PETITIONER (BY SRI G. RAKESH RAJ, ADV.) AND: STATE OF KARNATAKA BY RAJGOPALNAGARA POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER /ACCUSED NO. 1 ON BAIL IN S.C. NO. 1485/2025 OF CRIME NO. 284/2025 REGISTERED BY THE RESPONDENT RAJAGOPALANAGARA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 190, 103(1), 351(2), 351(3), AND 352 OF THE BNS, 2023, R/W SEC. 25(1B)(b) OF THE ARMS ACT, PENDING BEFORE THE HONBLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-1), BENGALURU CITY. 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: KAHC010534192026 NC: 2026:KHC:47001 CRL.P No. 11718 of 2026 ORAL ORDER 1. Accused No. 1 in S.C.No.1485 of 2025 pending before the Court of Principal City Civil & Sessions Judge, (CCH- 1), Bengaluru City, arising out of Crime No.284 of 2025 registered by Rajagopal Nagar Police Station, Bengaluru City for offences punishable under Sections 109, 190, 103(1), 351(2), 351(3) & 352 of BNS, 2023 and Section 25(1B)(B) of the Indian Arms Act, 1959 is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.284 of 2025 was registered by Rajagopal Nagar Police Station, Bengaluru City initially for the offences punishable under Sections 109, 190, 351(2), 351(3) & 352 of BNS, 2023 against petitioner herein and others based on the first information dated 20.07.2025 received from Smt. G Rathanamma, mother of the deceased Arun Kumar. During the course of investigation of the said case, petitioner was arrested on 22.07.2025 and remanded to judicial custody. His bail - 3 - HC-KAR CNR: KAHC010534192026 NC: 2026:KHC:47001 CRL.P No. 11718 of 2026 application filed before the Trial Court was rejected and therefore, he had approached this Court in Criminal Petition No.7042 of 2026, which was dismissed as withdrawn with liberty to the petitioner to approach the Sessions Court. Subsequently, the petitioner had approached the Sessions Court and filed a fresh bail application in S.C.No.1485 of 2025, which was rejected on 29.07.2026. Therefore, he is before this Court. 4. The first informant, who is the mother of the deceased is a hearsay witness. In the first information, it is stated that her son, Arun Kumar, had gone out of her house at about 10 pm on 19.07.2025 with his friends to eat panipuri. Subsequently, his friend Manu had telephoned and informed her that accused named in the FIR had assaulted her son Arun Kumar and his friend Rohith. Therefore, Arun Kumar and Rohith who had suffered injury were admitted in Victoria hospital. It is under these circumstances, FIR was registered against the petitioner and others based on the information received from the mother of Arun Kumar. - 4 - HC-KAR CNR: KAHC010534192026 NC: 2026:KHC:47001 CRL.P No. 11718 of 2026 5. It appears that subsequently, Arun Kumar, who was admitted in hospital has died on 25.07.2025. Thereafter, offence under Section 103 of BNS, 2023 was invoked in the present case against the accused persons. In the charge sheet, it is alleged that, on 19.07.2025, when Arun Kumar was on his way to eat Panipuri, at about 10.30 p.m., accused persons raised a quarrel with him and thereafter, assaulted him. As per the charge sheet, accused no.1 had kicked Arun Kumar on his stomach, when he fell down after accused no.2 had assaulted him with a machete on his head. Juvenile accused Shashank had assaulted Arun Kumar, on his head with a wooden club and accused no.4 had assaulted injured victim Rohith on his head and other parts of the body with a wooden piece. Accused no.3 - Darshan had assaulted Arun Kumar as well as Rohith with a wooden piece on their head and other parts of the body. 6. Accused no.3 - Darshan, as against whom there is an allegation of assaulting the deceased Arun Kumar and injured victim Rohith with a wooden piece on their head and other parts of the body has been granted regular bail by the Co-ordinate bench of this Court in Criminal Petition No.3653 of - 5 - HC-KAR CNR: KAHC010534192026 NC: 2026:KHC:47001 CRL.P No. 11718 of 2026 2026 disposed of on 17.04.2026. Accused Nos.4 and 5 have been granted regular bail in Criminal Petition No.16435 of 2025 disposed of on 11.02.2026. 7. Allegation against the petitioner is that he had kicked Arun Kumar on his stomach when he fell down and there is no allegation that he had assaulted Arun Kumar with any weapon. It is brought to the notice of this Court that the petitioner is involved in two other criminal cases registered against him. Learned counsel for the petitioner has produced judgment copy of C.C.No.23934 of 2017 and SC No. 779 of 2021. In both the criminal cases registered against the petitioner, he has been acquitted by the Trial Court vide judgment and order dated 18.12.2023 and 29.12.2022 respectively. Therefore, it is apparent that as on the date the alleged offence was committed, the petitioner had no criminal cases pending against him. Under the circumstances, the following:- ORDER (i) Criminal petition is allowed. - 6 - HC-KAR CNR: KAHC010534192026 NC: 2026:KHC:47001 CRL.P No. 11718 of 2026 (ii) The petitioner is directed to be enlarged on bail in S.C.No.1485 of 2025 pending before the Court of Principal City Civil & Sessions Judge, (CCH-1), Bengaluru City, arising out of Crime No.284 of 2025 registered by Rajagopal Nagar Police Station, Bengaluru City for offences punishable under Sections 109, 190, 103(1), 351(2), 351(3) & 352 of BNS, 2023 and Section 25(1B)(B) of the 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/- (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. - 7 - HC-KAR CNR: KAHC010534192026 NC: 2026:KHC:47001 CRL.P No. 11718 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 30