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2026 DAILYLAW 51373 (KAR)

SRI. DEEPAN A @ MATHEW v. THE STATE OF KARNATAKA

CRL.P/16041/2025 · 2026-01-07

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:758 CRL.P No. 16041 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. 16041 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SRI. DEEPAN A. @ MATHEW S/O. LATE AUGUSTIN, AGED ABOUT 38 YEARS, R/AT NO.43, 4TH CROSS, GUPTA LAYOUT, HALASURU, BENGALURU - 560 008. …PETITIONER (BY SRI. CHANDAN B.K., ADVOCATE) AND: THE STATE OF KARNATAKA BY ASHOK NAGAR POLICE STATION, BENGALURU, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN CRIME NO.338/2025 AGAINST ACCUSED OF THE OFFENCE PUNISHABLE UNDER SECTIONS 109, 61 READ WITH 3(5) OF BNS, 2023, WHICH IS NOW PENDING BEFORE THE XXIX ADDITIONAL C.M.M COURT, MAYO HALL AT BENGALURU BY ASHOKNAGAR POLICE STATION. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:758 CRL.P No. 16041 of 2025 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.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.338/2025 of Ashoknagar Police Station, registered for offences punishable under Sections 109, 61 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 complainant has not sustained any injury in the alleged incident. The only allegation against the petitioner is that, he chased the complainant holding long chopper in the stadium. The petitioner is in judicial custody since 30.10.2025 and as the major portion of the investigation - 3 - HC-KAR NC: 2026:KHC:758 CRL.P No. 16041 of 2025 is over, he is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner has chased the complainant holding long chopper and attempted to commit his murder. Earlier also, the petitioner has assaulted the complainant on the previous day of the incident. The other accused are absconding. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. As per averments of the complaint, there was an incident on 26.10.2025, in which the petitioner has stated to have assaulted the complainant and in turn, the complainant has also assaulted him. On the day of incident i.e., on 27.10.2025 when the complainant was watching the football match in the stadium at that time, the - 4 - HC-KAR NC: 2026:KHC:758 CRL.P No. 16041 of 2025 petitioner, accused No.2 and other either (8) friends of the petitioner came to the stadium wherein the petitioner has chased the complainant holding long chopper and at that time, the complainant jumped on the compound and escaped. Considering the said aspect, there is no injury caused by this petitioner on the complainant. The petitioner is in judicial custody since 30.10.2025 and as the major portion of investigation is over, the petitioner is not required for further custodial 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.338/2025 of Ashoknagar Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees - 5 - HC-KAR NC: 2026:KHC:758 CRL.P No. 16041 of 2025 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 exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 8