- 1 - HC-KAR NC: 2026:KHC:4566 CRL.P No. 16859 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16859 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SUMANTH KUMAR J @ SUMANTH KUMAR J S/O LATE JAYARAM, AGED ABOUT 36 YEARS, R/AT NO.285, NEAR GOVT. SCHOOL, BELATHURU COLONY, BELATHURU, KADUGODI, BENGALURU-560067. …PETITIONER (BY SRI. PRABHAKARA T C.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY KADUGODI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4566 CRL.P No. 16859 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.257/2025 (ARISING OUT OF CRIME NO.288/2025) OF KADUGODI POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 109, 61(2) R/W 190 OF BNS PENDING ON THE FILE OF THE HONBLE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU. 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.3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.257/2025 (Crime No.288/2025 of Kadugodi Police Station) pending on the file of the learned I Additional District and Sessions Judge, Bengaluru Rural District, Bangalore registered for the offences punishable under Sections 103(1), 109, 61(2) read with Section 190 of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned council for petitioner and the learned High Court Government Pleader for respondent/State. - 3 - HC-KAR NC: 2026:KHC:4566 CRL.P No. 16859 of 2025 3. The learned counsel for petitioner would contend that accused No.8 who is similarly placed to that of this petitioner has been granted bail by this Court in Crl.P No.14509/2025 by order dated 01.12.2025. Therefore, the petitioner is entitled for grant of bail on the ground of parity. He was not armed with any deadly weapon. The allegation against him is that he assaulted CW2 with hands on his chest. The other allegation against the petitioner is that he and accused No.8 assaulted the deceased with hands on his chest. The injured CW2 had brought a long chopper at the time of the incident. As the charge sheet is filed, the petitioner 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, the learned High Court Government Pleader for respondent/State would contend that there are serious overt act against this petitioner. The petitioner first started assaulting CW2 with his hands on the chest. He also assaulted the deceased with his hands and gave knife - 4 - HC-KAR NC: 2026:KHC:4566 CRL.P No. 16859 of 2025 to CW6. The statement of CW2 indicates all these aspects. The CW2 is injured and CW-22 and CW-23 are eyewitnesses to the incident. The offence alleged against the petitioner is heinous offence. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. This Court while granting bail to accused No.8 in Crl. P No.14509/2025 in the order dated 01.12.2025 has observed as under: "6. On the complaint of one Smt.Kala, a case had been registered in Crime No.288/2025 of kadugodi Police Station against Accused No.1/Srikant and others for offences under Section 103(1), 109 read with 3(5) of BNS. After investigation, charge sheet has been filed against accused Nos.1 to 8 for the offence under Sections 103(1), 109, 61(2) read with 190 of BNS. On perusal of column 17 of the charge sheet, the petitioner is stated to have conspired with the other accused to kill the deceased and cause injury to CW2. The overt act alleged against this petitioner is assaulting the deceased - 5 - HC-KAR NC: 2026:KHC:4566 CRL.P No. 16859 of 2025 with hands. There is no serious overt act alleged against this petitioner assaulting the deceased and CW2-injured with any weapon. The petitioner is in judicial custody since 15.06.2025 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner." 7. The overt act alleged against this petitioner is assaulting CW2 with hand on the chest and also assaulting the deceased with hands. There is no allegation against this petitioner using a deadly weapon to assault the injured and the deceased. Accused No.8, who is also stated to have assaulted the deceased with hands, has been granted bail by this Court. Therefore, the petitioner is also entitled for grant of bail on the ground of parity. He is in judicial custody since 11.06.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. - 6 - HC-KAR NC: 2026:KHC:4566 CRL.P No. 16859 of 2025 In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.288/2025 of Kadugodi Police Station for the offences punishable under Sections 103(1), 109, 61(2) read with Section 190 of Bharatiya Nyaya Sanhita, 2023 subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case. d) The petitioner shall not involve in commission of any offence. If he is found - 7 - HC-KAR NC: 2026:KHC:4566 CRL.P No. 16859 of 2025 involved in commission of any offence, the prosecution is at liberty to seek cancellation of the bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 8