Harish Kumar @ Harish Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

Harish Kumar @ Harish Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused No.2 enlarged on bail in Crime No.281/2025 of Nelamangala Rural Police Station in the event of his arrest, on executing a personal bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Jurisdictional Court, and subject to conditions: cooperation with police investigation, no tampering with prosecuting witnesses, and appearance before the Trial Court on all hearing dates unless exempted.

Issue for consideration

Whether the petitioner (accused No.2) is entitled to be enlarged on bail in Crime No.281/2025 of Nelamangala Rural Police Station for the offences punishable under the cited sections of Bharatiya Nyaya Sanhita, 2023.

Court's answer

Perusal of the complaint shows accused No.1 assaulted the complainant with a knife on his chest and back and also assaulted the two persons who came with him; no serious overt act is alleged against the petitioner/accused No.2.

Ratio / Principle

Considering the absence of any serious overt act against him, the petitioner/accused No.2 is entitled to grant of bail with conditions.

Key takeaways

The Criminal Petition is allowed: the petitioner/accused No.2 is granted bail in Crime No.281/2025 of Nelamangala Rural Police Station and is ordered to be released on bail in the event of his arrest, subject to conditions (personal bond of Rs.1,00,000/- with one surety, cooperation with investigation, no tampering with prosecuting witnesses, appearance before the Trial Court on hearing dates).ratio¶41

Detailed headnote1 paragraphs

Karnataka HC (Bengaluru), Shivashankar Amarannavar, J., 09.10.2025 - Criminal Petition No.12464 of 2025, filed under Section 483 BNSS (Section 439 CrPC also printed on cover) by Harish Kumar @ Harish (accused No.2) praying to be enlarged on bail in Crime No.281/2025 of Nelamangala Rural Police Station for offences punishable under Sections 109(1), 115(2), 118(1), 351(2), 352 and 190 of Bharatiya Nyaya Sanhita, 2023, pending before the Prl. Civil Judge (Jr. Div.) and JMFC, Nelamangala. Complaint of Girish R.: accused No.1 assaulted the complainant with a knife on his chest and back and also assaulted two persons accompanying him; no serious overt act was alleged against petitioner/accused No.2, who was in judicial custody since 05.08.2025 and, per defence counsel, not needed for custodial interrogation; State opposed bail citing ongoing investigation and risk of witness tampering. Holding the petitioner entitled to bail 'with conditions', the Court allowed the petition: release on a personal bond of Rs.1,00,000/- (one surety for likesum), cooperation with police investigation, abstention from tampering with prosecuting witnesses, and attendance before the Trial Court on all hearing dates unless exempted.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12464 OF 2025

BETWEEN:

HARISH KUMAR @ HARISH S/O LATE RAMAKRISHNAPPA AGED ABOUT 34 YEARS R/AT NO.1, YELACHAGERE, KASABA HOBLI, NELAMNAGALA TALUK BENGALURU RURAL DISTRICT - 562 123.

…PETITIONER

(BY SRI. LAKSHMIKANTH K, ADVOCATE)

AND:

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE STATION, BENGALURU RURAL DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

…RESPONDENT

(BY SMT. PUSHPALATHA B, ADDITIONAL SPP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.281/2025 OF NELAMANGALA RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS

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109(1), 115(2), 118(1), 351(2), 352, 109 OF BNS, 2023, PENDING ON THE FILE OF HONBLE PRL.CIVIL JUDGE (JUNIOR DIVISION) AND JMFC AT NELAMANGALA, BENGALURU RURAL DISTRICT.

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.2 under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of bail in Crime No. 281/2025 of Nelmangala Rural Police Station registered for offences punishable under Section 109(1), 115(2), 118(1), 351(2), 352 and 190 of Bharatiya Nyaya Sanhita, 2023.

Heard learned counsel for the petitioner and

learned Additional Special Public Prosecutor for respondent - State.

Learned counsel for petitioner would contend

that, no serious overtact is alleged against the

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petitioner/accused No.2 and serious overtact is alleged against accused No.1. The injuries sustained by the complainant are of simple in nature. The petitioner is in judicial custody since 05.08.2025 and therefore, he is not required for custodial interrogation. Hence, he prayed for allowing the petition.

Per contra, learned Additional Special Public Prosecutor for respondent - State would contend that, the investigation is in progress, if the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. With this, she prayed for rejection of the petition.

Having heard the learned counsels appearing for the parties, this Court has perused the complaint and materials placed on record.

A perusal of the complaint filed by one Girish R. indicates that, accused No.1 assaulted the complainant with knife on his chest and back and also assaulted other

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two persons who came with him. There is no serious overtact is alleged against the petitioner/accused No.2.

Considering the said aspect, the

petitioner/accused No.2 is entitled for grant of bail with conditions. In the result, I pass the following:

ORDER

This Criminal Petition is allowed . The petitioner/accused No.2 is granted bail in Crime No.281/2025 of Nelamangala Rural Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court.

ii) The petitioner shall cooperate with the Police in investigation.

ii) The petitioner shall not tamper the prosecuting witnesses.

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iv) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

KLV

List No.: 1 Sl No.: 31 CT: BHK