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2026 DAILYLAW 51284 (KAR)

SHASHANK A.S. v. STATE OF KARNATAKA

CRL.P/15715/2025 · 2026-01-07

Shivashankar Amarannavar

Civil Appealbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:755 CRL.P No. 15715 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15715 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SHASHANK A.S. S/O SHIVANNA, AGED ABOUT 21 YEARS, R/AT: ANNUR VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 422. …PETITIONER (BY SRI. NAGENDRA MUNIYAPPA, ADVOCATE FOR SRI. MOHAN KUMAR H.G., ADVOCATE) AND: STATE OF KARNATAKA THE STATE BY K.M. DODDI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.202/2025 OF K.M.DODDI POLICE STATION, MANDYA DISTRICT, DATED 06.10.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 118(1) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:755 CRL.P No. 15715 of 2025 READ WITH 3(5) OF BNS, 2023, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C COURT, MADDUR, MANDYA DISTRICT. THIS PETITION COMING ON FOR ORDRS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.202/2025 of K.M.Doddi Police Station, registered for offences punishable under Sections 109(1) and 118(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the injured has sustained two simple injuries and discharged from the hospital. There is no danger to the life - 3 - HC-KAR NC: 2026:KHC:755 CRL.P No. 15715 of 2025 of the injured. The petitioner is in judicial custody since 07.10.2025. As the charge sheet is filed, he is not required for further custodial interrogation. In the complaint, it is stated that machete has been used, but the charge sheet has been filed stating that, the weapon used is knife. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner has used deadly weapon knife and assaulted on the vital part head of the injured and caused two simple injuries. The charge sheet materials show that, there is a prima-facie case against the petitioner. The knife has been sent to FSL and it is found blood stained. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2026:KHC:755 CRL.P No. 15715 of 2025 6. On the complaint of one Nirmala - the mother of injured, a case came to be registered against the petitioner and another in Crime No.202/2025 for the aforesaid offences. There was a prior enmity between the accused persons and the injured. On 05.10.2025 at about 06.00 p.m. the accused persons came near the injured and at that time, accused No.2 held the injured tightly and petitioner/accused No.1 tried to assault him on his head with machete and he put his left hand to protect himself and sustained injury on the left hand. Thereafter accused No.2 took the machete from accused No.1 and assaulted with the same near left eye on the forehead and caused bleeding injury. The wound certificate indicates that, the injured has sustained lacerated wound measuring 5X0.1 cms. over left parietal bone and bleeding present. The incident has been witnessed by three eyewitnesses, i.e., C.W.3 to C.W.5. The petitioner is in judicial custody since 07.10.2025 and as the charge sheet is filed, the petitioner is not required for further custodial - 5 - HC-KAR NC: 2026:KHC:755 CRL.P No. 15715 of 2025 interrogation. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.202/2025 of K.M.Doddi Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless - 6 - HC-KAR NC: 2026:KHC:755 CRL.P No. 15715 of 2025 exempted by the Court and cooperate for speedy disposal of the case. iv) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 4