- 1 - HC-KAR CNR: KAHC010565852026 NC: 2026:KHC:51314 CRL.A No. 1391 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1391 OF 2026 (U/S 14(A) (2)-) BETWEEN: 1. PRABHU S/O BASAPPA, AGED ABOUT 31 YEARS, OCC: COOLI WORK, R/O BUDHAL ROAD, BABU JAGAJEEVANRAM NAGAR, DAVANAGERE-577004 2. BHARATH @ SLUM S/O UMAPATHI, AGED ABOUT 27 YEARS, OCC: DRIVER, R/O RMC ROAD, BHARATH COLONY, LAGGERE ROAD, VISHAL MART NEAR, DAVANAGERE-577004 (NOW IN JUDICIAL CUSTODY) …APPELLANTS (BY SRI. S G RAJENDRA REDDY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIDYANAGAR POLICE, DAVANAGERE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001 2. SMT. SHRUTHI T K W/O LATE SANTHOSH KUMAR K @ KANUMA, AGED ABOUT 40 YEARS, NEAR KHADI CENTRE, NITTUVALLI, DAVANAGERE-577002 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1, R2 SERVED AND UNREPRESENTED.) Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010565852026 NC: 2026:KHC:51314 CRL.A No. 1391 of 2026 CRL.A FILED U/S 14(A)2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS CRL.A AND SET ASIDE THE ORDER DATED 25.06.2026 PASSED BY THE II ADDL.DIST. AND SESSIONS JUDGE DAVANAGERE IN SPL.C.NO.346/2025 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. Accused Nos.8 and 10/appellants Nos.1 and 2 have preferred this appeal against the order dated 25.06.2026 passed in Spl.C.No.346/2025 by the II Addl. District and Sessions Judge, Davanagere (for short 'the Trial Court). 2. Learned counsel for appellants would submit that, the real assailants are accused 1 to 6 and accused 8 and 10 are not the assailants. They were arrested on 07.05.2025. Since the date of their arrest, they are in judicial custody. The Hon'ble Supreme Court has granted bail to accused Nos.12 and 16. The Hon'ble Supreme Court has observed that the actual assault was carried out by accused 1 to 6 and other accused have been charge- - 3 - HC-KAR CNR: KAHC010565852026 NC: 2026:KHC:51314 CRL.A No. 1391 of 2026 sheeted for being involved in conspiracy. The copy of the orders passed by the Hon'ble Supreme Court in SLP(Crl.)No.20518/2025 is produced. It is also submitted that, this Court has also granted bail to Accused No.17- Hadadi Ravi in Crl.P.No.12929/2025; Accused No.15- Vinayaka @ Vinay in Crl.P.No.13836/025; Accused No.11- Sandeep in Crl.P.No.327/2026 and Accused No.9- Jayasurya @ P.B in Crl.A.No.1201/2026. 3. Considering the submission made by the learned counsel for appellants and also the orders passed by the Co-ordinate Bench of this Court and Hon'ble Supreme Court, I am of the opinion that, it is just and proper to release the accused on bail subject to conditions. Accordingly, I proceed to pass the following: O R D E R (i) The appeal is allowed; (ii) The order dated 25.06.2026 passed in Spl.C.No.346/2025 by the II Addl. District - 4 - HC-KAR CNR: KAHC010565852026 NC: 2026:KHC:51314 CRL.A No. 1391 of 2026 and Sessions Judge, Davanagere, is here by set aside; (iii) Appellants 1 and 2/accused Nos.8 and 10 are ordered to be released on bail subject to following conditions: a) Appellants shall execute a personal bond of Rs.1,00,000/- each with one surety each, for likesum to the satisfaction of the Trial Court; b) Appellants shall appear before the Trial Court on all the dates of hearing, without fail; c) Appellants shall not tamper or threaten the prosecution witnesses, in any manner; d) Appellants shall not hamper the Court proceedings; e) Appellants shall not leave the jurisdiction of the Court till disposal of the case; - 5 - HC-KAR CNR: KAHC010565852026 NC: 2026:KHC:51314 CRL.A No. 1391 of 2026 f) Appellants shall not commit or indulge in any other criminal cases, till disposal of the present case. The Registry is directed to send copy of this order to the concerned Court. Sd/- (G BASAVARAJA) JUDGE DHA LIST NO.: 1 SL NO.: 48