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2026 DAILYLAW 39044 (KAR)

DARSHAN N v. STATE BY KARNATAKA

CRL.P/12928/2026 · 2026-09-07

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010579542026 NC: 2026:KHC:48565 CRL.P No. 12928 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12928 OF 2026 BETWEEN: DARSHAN N S/O NAGARAJU.B, AGED ABOUT 20 YEARS, R/AT NO.34, 3RD CROSS, 1ST MAIN BYRAVESHWARNAGAR, LEGGERE BENGALURU CITY, BENGALURU - 560 058. …PETITIONER (BY SRI. DEENABANDHU RAI N, ADVOCATE) AND: STATE BY KARNATAKA RAJAGOPHAL NAGAR POLICE STATION BENGALURU NOW REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU, HIGH COURT COMPLEX BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.137/2026 NOW IN C.C.NO.45959/2026 FOR THE Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010579542026 NC: 2026:KHC:48565 CRL.P No. 12928 of 2026 OFFENCE P/U/S 103(1), 189(2), 189(4), 190 OF BNS REGISTERED BY THE RAJAGOPAL NAGAR P.S. ON THE FILE OF XXXI ADDL.C.M.M COURT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.9 in Crime No.137/2026 registered by Rajagopal Nagar Police Station, Bengaluru City for the offence punishable under Sections 103(1), 189(2), 189(4) and 190 of the Bharatiya Nyaya Sanhita, 2023, is before this Court in this petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.137/2026 was registered by Rajagopal Nagar Police Station, Bengaluru City for the aforesaid offences against Darshan and others, based on - 3 - HC-KAR CNR: KAHC010579542026 NC: 2026:KHC:48565 CRL.P No. 12928 of 2026 the first information dated 22.04.2026 received from Sri Mohan Rao S., brother of deceased Mallikarjun. In the said case, the petitioner was arrested on 23.04.2026 and remanded to judicial custody. The bail application filed by accused No.9 before the jurisdictional Sessions Court in Crl.Misc.No.7738/2026 was rejected on 10.08.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the allegation against the petitioner and accused No.10 is similar in the chargesheet. Accused No.10 has been granted regular bail by this Court in Crl.P.No.8513/2026. The petitioner, who is a student, has no other criminal antecedents. Accordingly, he seeks to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 6. Material on record would go to show that the accused persons, CWs-1, 11, 17, 20 and 21 were all - 4 - HC-KAR CNR: KAHC010579542026 NC: 2026:KHC:48565 CRL.P No. 12928 of 2026 friends. The deceased Mallikarjun is the brother of CW-1. It appears that CW-17 and CW-20 were rearing pigeons in the terrace of the building belonging to CW-23. Accused Nos.9 and 10 were also rearing pigeons, and they allegedly had taken the pigeons belonging to CW-17 and CW-20 and, it is in this background, there was a quarrel on 21.04.2026. Deceased Mallikarjun appears to have intervened and, therefore, he was assaulted by the accused persons. 7. The allegation of stabbing deceased Mallikarjun with a knife is found in the chargesheet as against accused No.1-Darshan. The allegation against accused Nos.6, 7 and 9 to 11 is about instigating accused No.1 to assault Mallikarjun. Accused No.10, against whom similar allegations are found in the charge sheet, has been granted regular bail by his Court in Crl.P.No.8513/2026 disposed of on 27.07.2026. The petitioner is said to be a student having no other criminal antecedents. Accordingly, the following: - 5 - HC-KAR CNR: KAHC010579542026 NC: 2026:KHC:48565 CRL.P No. 12928 of 2026 O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Crime No.137/2026 registered by Rajagopal Nagar Police Station, Bengaluru City for the offences punishable under Sections 103(1), 189(2), 189(4) and 190 of the BNS, 2023, subject to the following conditions: a) The 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; - 6 - HC-KAR CNR: KAHC010579542026 NC: 2026:KHC:48565 CRL.P No. 12928 of 2026 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 SHS List No.: 1 Sl No.: 65