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2026 DAILYLAW 7851 (KAR)

SRI KUMARA H @ KOKKU KUMAR v. THE STATE OF KARNATAKA

CRL.P/16831/2025 · 2026-02-19

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16831 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION No. 17383 OF 2025 CRIMINAL PETITION No. 17585 OF 2025 IN CRL.P No. 16831/2025 BETWEEN: 1. SRI KUMARA H @ KOKKU KUMAR AGED ABOUT 19 YEARS S/O. LATE HUNUMANTHAPPA R/O, NEAR MUTTU MARIYAMMA TEMPLE 4TH CROSS, HUNMATHA NAGAR BHADRAVATHI TOWN SHIVAMOGGA DISTRICT- 577 301. …PETITIONER (BY SRI. SUNIL KUMAR S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER HOSAMANE POLICE STATION, BHADRAVATHI TOWN 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:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.No.91/2025 REGISTERED BY BHADRAVATHI HOSAMANE P.S., AS PER CHARGE SHEET FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1),189(2),238, 189(4),191(2),191(3),190, 54 OF BNS. IN CRL.P No. 17383/2025 BETWEEN: 1. SRI AURN KUMAR S @ BODA AGED ABOUT 21 YEARS S/O. LATE SHIVANNA R/O, NEAR VEERANJANEYA TEMPLE HANUMANTHA NAGARA BHADRAVATHI TOWN SHIVAMOGGA DISTRICT- 577 301. ...PETITIONER (BY SRI. SUNIL KUMAR S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER HOSAMANE POLICE STATION, BHADRAVATHI TOWN REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. ...RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME No.91/2025 REGISTERED BY BHADRAVATHI TOWN POLICE STATION, AS PER CHARGE SHEET FOR THE OFFENCE PUNISHABLE UNDER - 3 - HC-KAR NC: 2026:KHC:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 SECTIONS 103,189(2),189(4),191(2),191(3),238,54,190 OF BNS. IN CRL.P No. 17585/2025 BETWEEN: 1. SRI DARSHAN @ INGLISH AGED ABOUT 21 YEARS S/O. ESHA, R/O, 6TH CROSS LEFT SIDE, BHOVI COLONY HOSAMANE EXTN, BHADRAVATHI TOWN SHIVAMOGGA DISTRICT- 577 301. ...PETITIONER (BY SRI. SUNIL KUMAR S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, HOSAMANE POLICE STATION, BHADRAVATHI TOWN REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. ...RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME No.91/2025 REGISTERED BY BHADRAVATHI TOWN POLICE STATION, AS PER CHARGE SHEET FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103,189(2),189(4),191(2),191(3),238,54,190 OF BNS. THESE PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - HC-KAR NC: 2026:KHC:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 ORAL ORDER Criminal Petition No.16831/2025 is filed by accused No.3, Criminal Petition No.17383/2025 is filed by accused No.2 and Criminal Petition No.17585/2025 is filed by accused No.5. All the three petitions are filed under Section 483 of BNSS praying to grant bail in Crime No.91/2025 of Hosamane Police Station, Bhadravathi registered for offences punishable under Sections 103(1), 189(2), 238, 189(4), 191(2), 191(3), 190 read with Section 54 of BNS. 2. Heard learned counsels for petitioners and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for petitioners would contend that there is no serious overtact alleged against the accused Nos.2, 3 and 5. The serious overtact alleged against accused No.1 who has assaulted the deceased with knife on his stomach. Accused No.8 has been granted bail - 5 - HC-KAR NC: 2026:KHC:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 by this Court in Criminal Petition No.14503/2025 by order dated 24.11.2025. Therefore, petitioners are entitled for grant of bail on the ground of parity. The accusation against accused Nos.2 and 3 is that they assaulted the deceased with hands and allegation against accused No.5 is that he appointed the other accused to kill the deceased. As the charge sheet is filed, petitioners are not required for further custodial interrogation. With this, they prayed to allow petitions. 5. Per contra, learned High Court Government Pleader for the respondent –State would contend that C.W.3 to C.W.9 are eyewitnesses to the incident. Petitioners -accused Nos.2, 3 and 5 were present on the spot at the time of the incident. The accused Nos.2 and 3 assaulted the deceased with their hands. Accused No.5 abated the other accused to assault and to kill the deceased. With this, he prayed to dismiss the petition. - 6 - HC-KAR NC: 2026:KHC:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 6. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 7. This Court, while granting bail to accused No.8 by order dated 24.11.2025 passed in Criminal Petition No.14503/2025 has observed as under: “7. The incident has taken place on 05.05.2025 at 8.30 p.m. The accusation against accused Nos.2 to 4, 9 and petitioner No.4/accused No.8 is that, they surrounded the deceased and made him not to move from that place and assaulted him with hands and abused in filthy language. There is no serious overtact against petitioner No.4 of assaulting the deceased with weapon. The allegation of assault with knife is against accused No.1. Petitioner No.4 has also filed a complaint and it came to be registered in Crime No.92/2025 and he has also sustained injuries in the incident. Even though, petitioner No.4/accused No.8 is stated to be involved in fourteen (14) cases and the details of the same are not furnished.” Accusation against accused Nos.2 and 3 and accused No.8 who have been granted bail is that they surrounded - 7 - HC-KAR NC: 2026:KHC:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 the deceased and made him not to move from that place and assaulted him with hands and abused in filthy language. The accusation against accused No.5 is that he along with other accused abated the other accused to kill the deceased. There is no serious overtact alleged against petitioners -accused Nos.2, 3 and 5 assaulting the deceased with deadly weapon. The said allegation of assault with knife is against accused No.1. Considering the said aspect, the petitioners - accused Nos. 2, 3 and 5 are entitled for grant of bail with conditions. 8. In the result, the following ORDER i) All three petitions are allowed. ii) Petitioners -accused Nos.2, 3 and 5 are granted bail in Crime No.91/2025 of Hosamane Police Station, Bhadravathi subject to following conditions: - 8 - HC-KAR NC: 2026:KHC:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 a) Petitioners -accused Nos.2, 3 and 5 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the jurisdictional Court. b) Petitioners -accused Nos.2, 3 and 5 shall not tamper the prosecution witnesses either directly or indirectly. c) Petitioners -accused Nos.2, 3 and 5 shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for the speedy disposal of case. d) Petitioners -accused Nos.2, 3 and 5 shall not involve in commission of any offence. If they found involved in commission of any offence, the - 9 - HC-KAR NC: 2026:KHC:10349 CRL.P No. 16831 of 2025 C/W CRL.P No. 17383 of 2025 CRL.P No. 17585 of 2025 prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 30 Ct.sm