Santhosh Kumar J Vs State by Karnataka

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NC: 2026:KHC:1204 CRL.P No. 16174 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16174 OF 2025 (438(Cr.PC) / 482(BNSS))

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BETWEEN:

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SANTHOSH KUMAR.J @ APPLE SANTHOSH S/O JAYARAM.K AGED ABOUT 39 YEARS, R/AT 1/8/2, WATER TANK ROAD, NEAR HITIKE FACTORY, HEROALLI, BENGALURU NORTH, BENGALURU - 560 110.

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…PETITIONER

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(BY SRI.SHEKARAPPA., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA STATE BY KARNATAKA MURTHY RAJASHRI Location: HIGH BYADARAHALLI POLICE STATION COURT OFKARNATAKA BENGALURU NOW REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU HIGH COURT COMPLEX BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT.WAHEEDA.M.M., HCGP)

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NC: 2026:KHC:1204 CRL.P No. 16174 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNNS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.145/2025 REGISTERED BY THE BYADARAHALLI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 190, 191, 191(2), 191(3), 61(2), 118(2), 109 OF BNS 2023 ON THE FILE OF THE CJM BANGALORE RURAL DISTRICT.

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THIS CRIMINAL PETITION IS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.3 (as per FIR) (accused No.7 as per charge sheet) under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.145/2025 of Byadarahalli Police Station registered for the offences punishable under Sections 189(2), 190, 191, 191(2), 191(3), 61(2), 118(2), 109 of Bharatiya Nyaya Sanhita, 2023.

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Heard the learned counsel for petitioner and the

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learned High Court Government Pleader for respondent/State.

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3 - NC: 2026:KHC:1204 CRL.P No. 16174 of 2025

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HC-KAR

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The learned counsel for petitioner would contend that, there is no serious overt act alleged against this petitioner assaulting the injured persons. The serious overt act of assault with long chopper is alleged against accused Nos.1 and 2. The accused No.1 has been granted anticipatory bail by the Trial Court. The overt act alleged against the petitioner is assault by hand. As the charge sheet is filed, he is not required for custodial interrogation. With this, he prayed to allow the petition.

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Per contra, the learned High Court Government Pleader would contend that, the petitioner is having criminal antecedents and involved in seven to eight cases, and he is a rowdy sheeter. The charge sheet material shows a prima case against the petitioner. The wound certificate of two injured persons indicate that, they have sustained grievous injuries. With this, she prays to dismiss the petition.

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NC: 2026:KHC:1204 CRL.P No. 16174 of 2025

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HC-KAR

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Having heard the learned counsel, the Court

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has perused the charge sheet and other materials placed on record.

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As per Column-17 of the charge sheet, on 27.03.2025 at about 10.30 p.m, when CW1 was returning home after finishing his work, and he was near bus stand, at that time accused Nos.1, 2, 3, 6 and 7 abused CW1. Thereafter, on 28.03.2025, CW1 made a phone call to accused No.6, and asked why they have assaulted yesterday night. At that time, accused No.6 told him that, they will kill him. Thereafter, accused No.6 informed the same to accused No.3, and accused Nos.2, 3 and 6 conspired to kill CW1. Accused No.3 told that, he will secure boys through accused No.7. Thereafter, accused Nos. 2 and 6 came near Karthik Bar, and accused Nos. 1, 4, 5, 7, 8, 9 and 10 came in cars having two long choppers. The accused persons found CWs.1 and 2 near the house of Lakkamma Sanjeevayya, and they alighted from the car and surrounded them, and accused Nos.1 and

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NC: 2026:KHC:1204 CRL.P No. 16174 of 2025

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HC-KAR

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2 assaulted them with a long chopper on their head, and

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in order to escape, they entered the house of CW9, and all the accused entered the said house, and assaulted them with hands, and again accused Nos.1 and 2 assaulted them with long chopper and caused severe injuries.

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Considering the above aspects, the overt act alleged against the petitioner is that he assaulted the injured with hands. The serious overt act of assault with long chopper is alleged against accused Nos.1 and 2. Accused No.1 has been granted anticipatory bail by the Sessions Court. As charge sheet is filed, the petitioner is not required for custodial interrogation.

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Considering the above aspects, the petitioner

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has made out a case for grant of anticipatory bail with conditions.

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In the result, the following:

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ORDER

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i) The petition is allowed.

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NC: 2026:KHC:1204 CRL.P No. 16174 of 2025

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HC-KAR

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ii) The petitioner is ordered to be released on bail

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in the event of his arrest in Crime No.145/2025 of

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Byadarahalli Police Station registered for the offences punishable under Sections 189(2), 190, 191, 191(2), 191(3), 61(2), 118(2), 109 of Bharatiya Nyaya Sanhita, 2023 subject to following conditions:

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a) The petitioner shall voluntarily appear before the jurisdictional Court within ten days from this day and execute a bail bond and furnish surety to the satisfaction of the Trial Court.

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b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.

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d) The petitioner shall not involve in commission of any offence. If he is found involved in commission of any offence, the

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