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2026 DAILYLAW 38317 (KAR)

SRI.M.KOTRESH v. THE STATE BY

CRL.P/12293/2026 · 2026-09-03

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010556452026 NC: 2026:KHC:48336 CRL.P No. 12250 of 2026 C/W CRL.P No. 12293 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12250 OF 2026 C/W CRIMINAL PETITION NO. 12293 OF 2026 IN CRL.P No. 12250/2026: BETWEEN: SRI KIRAN S NAIK AGED ABOUT 35 YEARS S/O. SHANKER B. NAIK R/AT, NO. 11, 2ND CROSS CHAMRAJPET, BENGALURU-560018 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI SUNIL KUMAR S, ADV.) AND: THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER COMMERCIAL STREET POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.10 ON REGULAR BAIL ARISING OUT OF CR.NO.126/2026 REGISTERED BY COMMERCIAL STREET P.S., FOR THE OFFENCES P/U/S 109(1),132,74,351(2),190,121(1) OF BNS, 2023, PENDING BEFORE THE LEARNED X ACJM, AT BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010556452026 NC: 2026:KHC:48336 CRL.P No. 12250 of 2026 C/W CRL.P No. 12293 of 2026 IN CRL.P NO. 12293/2026: BETWEEN: 1. SRI M. KOTRESH S/O HONNAPPA AGED ABOUT 27 YEARS RESIDING AT, NO. 130 NAYAKARA STREET KUPPINAKERE, KUDLIGI VIJAYANAGARA DISTRICT - 583 135. (NOW IN JUDICIAL CUSTODY) ...PETITIONER (BY SRI ANANTHA PRASAD NADIG N.M, ADV.) AND: 1. THE STATE BY COMMERCIAL STREET POLICE STATION BENGALURU CITY REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU - 560 001. ...RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.126/2026 PUNISHABLE OFFENCE U/S 109(1), 132, 74, 351(2), 352, 190, 121(1) OF BNS 2023 REGISTERED BY COMMERCIAL STREET POLICE STATION BEFORE THE 10TH ADDITIONAL CMM COURT, MAYOHALL, BENGALURU CITY AT BENGALURU BY GRANTING BAIL AND GRANT SUCH OTHER RELIEF AS THIS HONBLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR CNR: KAHC010556452026 NC: 2026:KHC:48336 CRL.P No. 12250 of 2026 C/W CRL.P No. 12293 of 2026 ORAL ORDER 1. Accused Nos.10 and 11 in Crime No.126 of 2026 registered by Commercial Street Police Station, Bengaluru for offences punishable under Sections 109(1), 132, 74, 351(2), 352, 190, 121(1) of BNS, 2023 are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.126 of 2026 was registered by Commercial Street Police Station, Bengaluru against unknown persons, based on the first information dated 21.07.2026, received from Sri Madhava Rao, Asst. Executive Engineer BBMP, Shivaji Nagar Sub-Division, Bengaluru. During the course of investigation, petitioners herein were arrested on 21.07.2026 and remanded to judicial custody. In their remand application, they are arraigned as accused nos.10 and 11 respectively. Their bail application filed before the jurisdictional Sessions Court was rejected and therefore, they are before this Court. - 4 - HC-KAR CNR: KAHC010556452026 NC: 2026:KHC:48336 CRL.P No. 12250 of 2026 C/W CRL.P No. 12293 of 2026 4. Perusal of the material on record would go to show that on 21.07.2026 at about 12.00 p.m. the officers of Greater Bangalore Authority, Shivaji Nagar Sub-Division, were taking steps for clearing the footpath in front of Atal Bihari Vajpayi Medical College at Shivajinagar, Bengaluru. Accused persons, who are allegedly carrying on business in the footpath quarrelled with the staff of Greater Bangalore Authority and also assaulted them with a helmet and caused injuries. 5. Learned HCGP has fairly submitted that all the five injured victims in the present case have suffered only simple injury in the incident. Though in the FIR it is mentioned that, two persons and another unknown had assaulted the staff of Greater Bangalore Authority on 21.07.2026, in the remand application, petitioners are arrayed as accused nos.10 and 11. It is not in dispute that, the petitioners herein do not have any criminal antecedents. Major portion of the investigation is already completed. Accordingly, the following :- ORDER (i) Criminal petitions are allowed. - 5 - HC-KAR CNR: KAHC010556452026 NC: 2026:KHC:48336 CRL.P No. 12250 of 2026 C/W CRL.P No. 12293 of 2026 (ii) The petitioners are directed to be enlarged on bail in Crime No.126 of 2026 registered by Commercial Street Police Station, Bengaluru for offences punishable under Sections 109(1), 132, 74, 351(2), 352, 190, 121(1) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 46