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2026 DAILYLAW 51265 (KAR)

SHIVAKUMAR V @ BOOM SHIVA v. THE STATE OF KARNATAKA

CRL.P/15682/2025 · 2026-01-21

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3257 CRL.P No. 15682 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15682 OF 2025 BETWEEN: SHIVAKUMAR V @ BOOM SHIVA S/O V.VENKATESH AGED ABOUT 25 YEARS R/O NO.2, 1ST MAIN 2ND CROSS, PRIYANKANAGAR K.R.PURAM, BENGALURU NORTH TALUK- 560 049 …PETITIONER (BY SRI. SYED AKBAR PASHA., ADVOCATE) AND: THE STATE OF KARNATAKA BY K.R.PURAM POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU- 560 001 …RESPONDENT (BY SRI.MOHAMMED AYUB ALI, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO GRANT REGULAR BAIL IN CRIME NO 569/2025 C.C NO 69376/2025 REGISTERED BY THE RESPONDENT K.R. PURAM POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 109, 3(5), 115(2), 118(2) OF BNS ACT, WHICH IS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3257 CRL.P No. 15682 of 2025 PENDING ON THE FILE LEARNED XXIX ADDL CMM COURT AT MAYO HALL BENGALURU. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 1 under Section 483 of BNSS praying to grant bail in Crime No. 569/2025 of K.R. Puram Police Station registered for offence under Sections 109, 115(2), 118(2), 3(5) of BNS. 2. Heard learned counsel for petitioner and Additional SPP for respondent - State. 3. Learned counsel for petitioner would contend that accused No. 2 has been granted bail by the Sessions Court and accused Nos. 3 and 4 have been granted bail by this Court. He further submits that C.W.1 had sustained three grievous injuries and all the injuries were on hand. C.W.2 had sustained two simple injuries. Said injuries were not on vital part of the body to attract offence under - 3 - HC-KAR NC: 2026:KHC:3257 CRL.P No. 15682 of 2025 Section 109 of BNS. There was monetary dispute between petitioner and C.W.2. C.W.2 had not repaid the amount borrowed from petitioner. Petitioner, other accused and C.W.1, C.W.2 and C.W.9 to C.W.11 were consuming alcohol at the time of incident and all were inebriated at the time of incident. There was a quarrel between two groups in which C.W.1 and C.W.2 have sustained injuries. Charge sheet has been filed and therefore petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that the petitioner had assaulted with machette on the hands of C.W.1 and C.W.2 and caused grievous injuries. Offence alleged against the petitioner is heinous offence punishable with imprisonment for life. Wound certificate indicate that C.W.1 had sustained three grievous injuries and C.W.2 had sustained two simple injuries. Offence alleged against the petitioner is a heinous - 4 - HC-KAR NC: 2026:KHC:3257 CRL.P No. 15682 of 2025 offence punishable with imprisonment for life. With this he prayed to reject the petition. 5. Having heard learned counsel for the parties this Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet case of the prosecution is that on 10.07.2025 at 09.00 pm C.W.1, C.W.2, C.W.9, C.W.10 and C.W.11 were sitting in an open land consuming alcohol and near to them accused Nos. 1 to 4 were also sitting consuming alcohol. At that time there was a quarrel and in that accused No. 1 – petitioner herein had assaulted C.W.1 and C.W.2 with machete on their hands and caused injuries. Wound certificate indicates that C.W.1 had sustained 3 grievous injuries on his hands and C.W.2 had sustained 2 simple injuries on his right forehead and left knee. Assault made by the petitioner is not on vital part of the body. Injured have now been discharged from the hospital and they are out of danger. As charge sheet is filed petitioner is not required for - 5 - HC-KAR NC: 2026:KHC:3257 CRL.P No. 15682 of 2025 further custodial interrogation. Petitioner is in judicial custody since 14.07.2025. There are no criminal antecedents of petitioner. 7. Considering the above aspects, petitioner has made out a case for grant of bail with conditions. 8. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in crime No. 569/2025 of K.R. Puram Police Station subject to following conditions. I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. - 6 - HC-KAR NC: 2026:KHC:3257 CRL.P No. 15682 of 2025 IV. Petitioner shall not involve in commission of any offence. If petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 9