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High Court of Karnataka · body

2026 DAILYLAW 44752 (KAR)

SRI. NITHESHKUMAR v. THE STATE OF KARNATAKA BY

CRL.P/14598/2026 · 2026-09-30

S Vishwajith Shetty

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010647462026 NC: 2026:KHC:54573 CRL.P No. 14598 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14598 OF 2026 BETWEEN: 1. SRI. NITHESHKUMAR, S/O SRI. POKHRAJ, AGED ABOUT 23 YEARS R/AT ANUBAHAG-2-562, PITHAPURA, TAWAO, JASVANTPURA, JOLAR DISTRICT, RAJASTHAN - 343 029. ADHAAR NO. 6116 4587 9819. 2. SRI. JABRARAM S/O IRAJI, AGED ABOUT 48 YEARS, R/AT GASERI VILLAGE, BHARUDI POST, BHINWAL TALUK, JALOR DISTRICT - 343 029. ADHAAR NO. 4357 6608 3591 …PETITIONERS (BY SRI. SHIVAKUMAR U, ADVOCATE) AND: THE STATE OF KARNATAKA BY CUBBONPARK POLICE STATION, KASTURBA ROAD, CUBBONPARK, BENGALURU - 560 001. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010647462026 NC: 2026:KHC:54573 CRL.P No. 14598 of 2026 HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO ALLOW THE ABOVE PETITION BY ENLARGING THE PETITIONER HEREIN ON BAIL BY GRANTING AN ANTICIPATORY BAIL ORDERING FOR THEIR RELEASE ON THE EVENT OF THEIR ARREST BY THE CUBBON PARK POLICE, BENGALURU CITY, i.e., THE RESPONDENT HEREIN IN RESPECT OF THE FIR REGISTERED AS CRIME NO.61/2026 IN C.C.NO.36302/2026 AND PENDING BEFORE THE HONBLE 41st ADDL CJM BENGALURU CITY FOR THE ALLEGED OFFENCE P/US/ 108, 115(2), 3(5), 351(2) OF BNS 2023. 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 Nos.3 and 5 in Crime No.61/2026 registered by Cubbon Park Police Station, Bengaluru City, for the offences punishable under Sections 108, 115(2), 351(2) read with Section 3(5) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010647462026 NC: 2026:KHC:54573 CRL.P No. 14598 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.61/2026 was registered by Cubbon Park Police Station, Bengaluru City for the aforesaid offences against Praveen Kumar and others, based on the first information dated 22.04.2026 received from Vasanaram G., brother of deceased Suresh Kumar Purohit. Apprehending arrest in the case, the petitioners had filed Crl.Misc.No.8455/2026 before the jurisdictional Sessions Court, which was rejected on 02.09.2026. Therefore, they are before this Court. 4. A reading of the material available on record would go to show that the accused and the deceased hail from Rajasthan State. In the first information, it is stated that on 06.01.2026, accused No.5-Jabraram and deceased Suresh Kumar Purohit had quarrelled with each other in their native village at Rajasthan and Jabraram had allegedly threatened Suresh Kumar Purohit with dire consequences. Subsequently, Jabraram returned to - 4 - HC-KAR CNR: KAHC010647462026 NC: 2026:KHC:54573 CRL.P No. 14598 of 2026 Bengaluru and allegedly had instigated his cousin brothers and other accused persons in the present case to assault the deceased and teach him a lesson. It is under these circumstances, the accused persons allegedly had assaulted Suresh Kumar Purohit on the intervening night of 02.04.2026 and 03.04.2026 in front of Balaji Food Hotel, within the jurisdiction of Cubbon Park Police Station. 5. Subsequently, on the very same date, Suresh Kumar Purohit allegedly hanged himself to a tree inside Cubbon Park and committed suicide. FIR in the present case was registered on 22.04.2026, which was after a delay of nearly three weeks from the date of death of Suresh Kumar Purohit. 6. Accused No.1, who was arrested in the present case, had approached this Court in Crl.P.No.6899/2026, which was allowed by this Court on 01.07.2026. In paragraph No.9 of the order passed in Crl.P.No.6899/2026, it is observed as follows: - 5 - HC-KAR CNR: KAHC010647462026 NC: 2026:KHC:54573 CRL.P No. 14598 of 2026 "9. The dead body of deceased had no injuries to suggest that the accused persons had brutally assaulted him on the intervening night of 02.04.2026 and 03.04.2026. It appears that the accused persons and the deceased had a quarrel and the accused persons also had assaulted him with their hands and legs. But that itself cannot be considered as sufficient reason for a prudent person to commit suicide." 7. Investigation of the case is now completed and charge sheet is already filed. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R i) The criminal petition is allowed. ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.61/2026 registered by Cubbon Park Police Station, Bengaluru City for the offences punishable under Sections - 6 - HC-KAR CNR: KAHC010647462026 NC: 2026:KHC:54573 CRL.P No. 14598 of 2026 108, 115(2), 351(2) read with Section 3(5) of BNS, 2023, subject to the following conditions: a) The petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties, out of which, one shall be local surety, for the likesum to the satisfaction of the investigating officer. b) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) The petitioners shall not tamper with the prosecution witness and they shall co- operate with the police for investigation and appear before them whenever called upon. - 7 - HC-KAR CNR: KAHC010647462026 NC: 2026:KHC:54573 CRL.P No. 14598 of 2026 d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 79