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2026 DAILYLAW 41085 (KAR)

SRI SUNIL KUMAR M S v. STATE OF KARNATAKA

CRL.P/12927/2026 · 2026-09-18

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010586202026 NC: 2026:KHC:51129 CRL.P No. 12927 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12927 OF 2026 BETWEEN: SRI. SUNIL KUMAR M.S, S/O. SHIVALINGAIAH, AGED ABOUT 33 YEARS, R/AT NO.442, C-QAL LAYOUT, 2ND MAIN ROAD, 3RD CROSS, NEAR MUNESHWARA TEMPLE, SAHAKARANAGAR, BENGALURU - 560 092. …PETITIONER (BY MS. NANDINI B, ADVOCATE) AND: STATE OF KARNATAKA BY KODIGEHALLI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.8 NAMELY SRI.SUNIL KUMAR M.S ON BAIL IN S.C.NO.1456/2024 ARISING OUT OF CRIME NO.325/2024 OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010586202026 NC: 2026:KHC:51129 CRL.P No. 12927 of 2026 KODIGEHALLI POLICE STATION, BENGALURU PENDING ON THE FILE OF THE LXVI ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67) THEREBY SETTING ASIDE THE ORDER DATED 13.08.2026 REJECTING THE APPLICATION FILED BY THE PETITIONER HEREIN/ACCUSED NO.8, PASSED IN CRL.MISC.NO.7640/2026 BY THE LXVI ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67) FOR THE OFFENCE P/SU/ 109, 189(2), 189(4), 190, 191(2), 191(3), 61(2) OF BNS 2023 AND SEC.25(1)(B) OF THE ARMS ACT. 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.8 in Special Case No.1456/2024 pending before the Court of the LXVI Additional City Civil and Sessions Judge, Bengaluru City arising out of Crime No.325/2024 registered by Kodigehalli Police Station, Bengaluru City, for the offences punishable under Sections 109, 189(2), 189(4), 190, 191(2), 191(3) and 61(2) of BNS, 2023 and Section 25(1)(1)(B) of the Arms Act, 1959, - 3 - HC-KAR CNR: KAHC010586202026 NC: 2026:KHC:51129 CRL.P No. 12927 of 2026 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. Perusal of the material on record would go to show that the petitioner, who was initially arrested in the present case on 22.08.2024, was granted regular bail by this Court on 27.11.2024 in Crl.P.No.12021/2024. It appears that subsequently, the petitioner had not appeared before the Trial Court and therefore, coercive steps were taken against him. His presence was secured before the Trial Court on 21.07.2026 and on the said day, he was remanded to judicial custody. His bail application thereafter filed before the Trial Court in Crl.Misc.No.7640/2026 was rejected on 13.08.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, except the present case, there is no other criminal case registered against the petitioner. She submits that the - 4 - HC-KAR CNR: KAHC010586202026 NC: 2026:KHC:51129 CRL.P No. 12927 of 2026 petitioner undertakes to co-operate before the Trial Court for the speedy disposal of the case. 5. The petitioner herein is arrayed as accused No.8 in the charge sheet. The allegation of assaulting the injured victim in the present case is found in the charge sheet as against accused No.1 to 7. 6. Be that as it may, the fact remains that, on the merits of the case, the petitioner was granted regular bail in the present case by this Court in Crl.P.No.12021/2024. Only for the reason that he had absented himself before the Trial Court on the regular date of hearing, he has now been arrested and remanded to judicial custody. For the mistake committed by the petitioner, he has been substantially punished. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: - 5 - HC-KAR CNR: KAHC010586202026 NC: 2026:KHC:51129 CRL.P No. 12927 of 2026 O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Special Case No.1456/2024 pending before the Court of the LXVI Additional City Civil and Sessions Judge, Bengaluru City arising out of Crime No.325/2024 registered by Kodigehalli Police Station, Bengaluru City for the offences punishable under Sections 109, 189(2), 189(4), 190, 191(2), 191(3) and 61(2) of BNS, 2023 and Section 25(1)(1)(B) of the Arms Act, 1959, 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; - 6 - HC-KAR CNR: KAHC010586202026 NC: 2026:KHC:51129 CRL.P No. 12927 of 2026 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 SHS List No.: 1 Sl No.: 73