- 1 - HC-KAR NC: 2026:KHC:3464 CRL.P No. 16106 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. 16106 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NITHIN KUMAR S/O. RAVI AGED ABOUT 29 YEARS R/AT 1-127/6, NEAR BALLURGUDDA ANGANAVADI SCHOOL KANNURU POST PADIL MANGALURU D.K. DISTRICT – 575 007. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANGALURU EAST POLICE STATION MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.No.120/2025 (CRIME No.86/2025) OF MANGALURU EAST POLICE STATION REGISTERED AGAINST HIM FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 352, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3464 CRL.P No. 16106 of 2025 351(3), 103, 212(B), 238(A) R/W SECTION 3(5) OF B.N.S. 2023 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.5 under Section 483 of BNSS praying to grant bail in S.C.No.120/2025 arising out of Crime No.86/2025 of Mangaluru East Police Station registered for offences punishable under Sections 352, 351(3), 103, 212(B), 238(A) read with Section 3(5) of BNS pending on the file of II Additional District and Sessions Court, Mangaluru. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the name of petitioner has not been shown as accused in the FIR/complaint. The name of the petitioner has been implicated based on the voluntary - 3 - HC-KAR NC: 2026:KHC:3464 CRL.P No. 16106 of 2025 statement of accused Nos.1 and 2. There is no overtact alleged against the petitioner assaulting the deceased. The said overatct of assault is against accused No.1 with knife on the chest and stomach of the deceased. The petitioner alleged to have been present on the spot at the time of the incident. But he was outside the bar and the incident has taken place inside the bar. The petitioner is in custody since 12.06.2025. As the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the petitioner was present on the spot at the time of the incident. Accused Nos.1 and 2 have stated the presence of this petitioner in their voluntary statement. The charge sheet materials show prima facie case against the petitioner for offence alleged against him. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:3464 CRL.P No. 16106 of 2025 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The accusation against the petitioner is that he was present on the spot at the time of the incident and at that time accused No.1 assaulted the deceased with knife on his stomach and chest and caused severe injury. The incident has taken place on 06.06.2025 and injured died on 13.06.2025. Even though the petitioner is stated to be present on the spot at the time of the incident, but no overatct of assault is alleged against him. The petitioner is in judicial custody since 12.06.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following - 5 - HC-KAR NC: 2026:KHC:3464 CRL.P No. 16106 of 2025 ORDER i) The petition is allowed. ii) The petitioner is granted bail in S.C.No.120/2025 arising out of Crime No.86/2025 of Mangaluru East Police Station registered for offences punishable under Sections 352, 351(3), 103, 212(B), 238(A) read with Section 3(5) of BNS pending on the file of II Additional District and Sessions Court, Mangaluru subject to following conditions: a) The petitioner –accused No.5 shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. b) The petitioner –accused No.5 shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2026:KHC:3464 CRL.P No. 16106 of 2025 c) The petitioner –accused No.5 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 24 Ct.sm