- 1 - HC-KAR NC: 2026:KHC:2542 CRL.P No. 17322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17322 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NAGARAJ @ NAGENDRA @ NAGA S/O SHIVANNA AGED ABOUT 25 YEARS R/AT GOORUGUNTA VILLAGE LINGASOOR TALUK RAICHUR DISTRICT – 584 122. …PETITIONER (BY SRI RAMESHA H N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY JNANABHARATHI POLICE REPRESENTED 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 / ACCUSED No.4 ON BAIL IN C.C.No.48147/2025 ON THE FILE OF THE HONBLE 6TH ADDL.C.M.M COURT NRUPATUNGA ROAD, BENGALURU CITY FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2542 CRL.P No. 17322 of 2025 103(1),115(1),118(1),351(2) R/W 3(5) OF BNS 2023 REGISTERED IN CR.No.405/2025 BY THE JNANABHARATHI POLICE. 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 under Section 483 of BNSS praying to grant bail in Crime No. 405/2025 of Jnana Bharathi Police Station registered for offence punishable under Sections 103(1), 115(1), 118(1), 352(2) read with 3 (5) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that C.W.2 is the injured eyewitness and he has not stated the name of petitioner in his statement. The allegation against this petitioner in the charge sheet is assault by hand and kicking the deceased. C.W.15, C.W.16, C.W.18 to C.W.20 are eyewitnesses to the incident. The alleged assault by club was by accused Nos. 1 to 3. It is - 3 - HC-KAR NC: 2026:KHC:2542 CRL.P No. 17322 of 2025 allegation against the petitioner that he assaulted C.W.2 with hands. As charge sheet is filed petitioner is not required for further custodial interrogation. With this he prayed to allow the petition. 4. Per contra learned HCGP would contend that there is allegation against all the four accused persons of assaulting the deceased and C.W.2. The offence alleged against the petitioner is a heinous offence. C.W.2 - injured and C.W.15, C.W.16, C.W.18 to C.W.20 are eyewitnesses to the incident. Charge sheet material show prima facie the case against the petitioner for offences alleged against him. With this, she 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. A perusal of column No. 17 of the charge sheet indicate that allegation of assault with club on the deceased is against accused Nos. 1 to 3. Allegation against this petitioner – accused No. 4 is assault by hand to C.W.2 - 4 - HC-KAR NC: 2026:KHC:2542 CRL.P No. 17322 of 2025 and allegation against accused Nos. 1 to 4 is assaulting C.W.2 and deceased by putting them on a big stone and kicking them. Considering the said aspect serious overt act of assaulting the injured with a club is against accused Nos. 1 to 3. Postmortem report indicates that death is due to shock and hemorrhage as a result of blunt injuries sustained to the limbs. As charge sheet is filed petitioner is not required for custodial introduction. Petitioner is in judicial custody since 25.09.2025. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, petitioner has made out 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. 405/2025 of Jnana Bharathi Police Station subject to following conditions: - 5 - HC-KAR NC: 2026:KHC:2542 CRL.P No. 17322 of 2025 I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum with 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. 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.: 12 Ct.sm