- 1 - HC-KAR NC: 2026:KHC:14725 CRL.P No. 1868 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1868 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SURAIN KUMAR K @ SURAIN S/O. KUMAR G AGED ABOUT 26 YEARS R/O. NO.327, E.T. BLOCK, NEAR MARIYAMMAN TEMPLE, KGF, BANGARPETE TALUK, OORGAUM, KOLAR-563120. …PETITIONER (BY SRI. BALAPPA HIREKURABAR.,ADVOCATE) AND: THE STATE OF KARNATAKA BY STATION HOUSE OFFICER, RAMAMURTHY NAGAR POLICE STATION, BENGALURU REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE ABOVE PETITION AND ENLARGE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14725 CRL.P No. 1868 of 2026 CRIME NO.4/2026, REGISTERED BY RAMAMURTHYNAGAR PS, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 115(2), 352, 3(5) OF BHARATIYA NYAYA SANHITA, 2023 ON THE FILE OF XI ACJM, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is arrayed as accused No.2 seeking for regular bail in Crime No.4/2026 filed by the respondent/police for the offences punishable under Sections 109(1), 115(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned XI Additional Chief Judicial Magistrate, Bengaluru City. 2. The case of the prosecution is that the complainant lodged a complaint stating that he is working in BESCOM as an employee. On 02.01.2026, around about 10.30 p.m., he had gone to purchase fish near R. R. Bar and Restaurant. At that time, a quarrel was being held in front of the said Bar and he was waiting to purchase the fish in the fish kabab centre. In the meantime, the - 3 - HC-KAR NC: 2026:KHC:14725 CRL.P No. 1868 of 2026 petitioner and others picked up a quarrel with the complainant unnecessarily and started assaulting him. In the meantime, Madhu took the machete and assaulted the complainant on his back and caused injuries. He was immediately shifted to Government Hospital at K R Puram and after obtaining the treatment, he was referred to Bowring Hospital, Bangalore. Thereafter, he lodged a complaint against accused Nos.1 to 4 for having committed the offences stated supra. Hence, the complaint. 3. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. Though, he has been arrested as petitioner/accused No. 2, the fact remains that, as per the averments made in the complaint, it was Madhu, who assaulted the complainant with machete on his back and caused injuries. No overt act has been attributed to the petitioner with regard to causing injuries. Merely because, he was present at the said place that does not mean that - 4 - HC-KAR NC: 2026:KHC:14725 CRL.P No. 1868 of 2026 he had committed an offence. The petitioner is the permanent resident of KGF and he will abide by the conditions imposed by this Court in the event of his release on bail. Making such submission, he prays to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner and others have committed heinous offence against an innocent person, who had been to purchase fish. The manner in which the assault had taken place, which indicates the high handedness of petitioner in the locality. 5. If the petitioner is enlarged on bail, it would send a wrong message to the society and also, create fear in the mind of innocent people of the locality. Therefore, it is not appropriate to grant him bail. Making such submissions, the learned High Court Government Pleader prays to reject the petition. - 5 - HC-KAR NC: 2026:KHC:14725 CRL.P No. 1868 of 2026 6. Heard the learned counsel for the respective parties and perused the averments made in the complaint. It appears from the record that the petitioner is arrayed as accused No.2. The allegations made against him that when the complainant had gone to purchase the fish near RR Bar and Restaurant, some unknown persons were quarrelling with each other and the complainant was watching the said incident. In the meantime, the accused Nos.1 to 4 unnecessarily picked up a quarrel with the complainant and assaulted him. In the said incident, accused Nos.1 to 3 assaulted the complainant and caused bleeding injuries. 7. However, on going through the averments of the complaint and other materials available on record, accused No.1-Madhu had assaulted the injured with machete and caused bleeding injuries. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. - 6 - HC-KAR NC: 2026:KHC:14725 CRL.P No. 1868 of 2026 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No. 4/2026 filed by the respondent/police for the offences punishable under Sections 109(1), 115(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned XI Additional Chief Judicial Magistrate, Bengaluru City on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. v) The petitioner shall not indulge in any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2026:KHC:14725 CRL.P No. 1868 of 2026 vi) The petitioner shall mark his attendance before the respondent/Police once in 15 days on Saturday between 10.00 am to 02.00 pm till filing of the final report. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 37