Rahul @ Kulla Vs State of Karnataka

SHASHANTH V. Digitally signed by SREEDHARAN S/O VIMAL C., BANGALORE SUSHMA AGED ABOUT 20 YEARS, LAKSHMI R/AT NO.204, 3^RD CROSS, Location: High Court of Karnataka GANDHIGRAMA, BENSON TOWN, BENGALURU – 560 016 PRESENTLY NEAR HOLY FAMILY CHURCH, RAMAMURTHYNAGAR, BENGALURU – 560 016 …PETITIONERS (BY SRI. RAMESH Y., ADVOCATE)

¶10

2 - NC: 2026:KHC:15592 CRL.P No. 3453 of 2026

¶11

HC-KAR

¶12

AND:

¶13

STATE OF KARNATAKA BY RAMAMURTHY NAGAR POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

¶14

…RESPONDENT

¶15

(BY SMT. ANITHA GIRISH N., HCGP)

¶16

THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.3/2026 REGISTERED BY RAMAMURTHY NAGAR POLICE STATION, BENGALURU FOR THE ALLEGED OFFENCE P/U/S 109, 115(2), 351(2), 352 R/W SEC.3(5) OF BNS 2023 PENDING ON THE FILE OF THE XI ACJM, BENGALURU AND ETC.,

¶17

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

¶18

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶19

3 -

¶20

NC: 2026:KHC:15592 CRL.P No. 3453 of 2026

¶21

HC-KAR

¶22

ORAL ORDER

¶23

Petitioners/accused No.1 and 4 are before this Court seeking for grant of regular bail in Crime No.3/2026 of respondent-police for the offences punishable under Sections 109 (1), 115(2), 351(2), 352 R/w Sec.3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).

¶24

Brief facts of the case:

¶25

The case of the prosecution is that Petitioner No. 1 left his Yamaha motorbike at the complainant's garage for repairs. However, the vehicle remained unattended. On 31.12.2025 at about 04.00 p.m., petitioner No.1 came to the garage and took his motorcycle as the repair work was not done. Subsequently, at about 8.30 p.m., the petitioner arrived to the garage accompanied by the other co-accused. It is further alleged that the complainant was assaulted by the 1^st petitioner with machete with an intention to commit his murder. However, the complainant has tried to hold his

¶26

4 -

¶27

NC: 2026:KHC:15592 CRL.P No. 3453 of 2026

¶28

HC-KAR

¶29

hands to avoid the blow. In the meantime, injury was sustained to his hand. Hence, the complaint.

¶30

Based on the complaint, the respondent police registered a case in Cr.No.3/2026 against the petitioners and the investigation is under progress.

¶31

Heard Sri. Ramesh Y , learned counsel for the petitioner and Smt. Anitha Girish N, learned HCGP for respondent - State.

¶32

It is the submission of learned counsel for the petitioner that, the petitioners are innocent of alleged offences. In fact, petitioner No.1 had advanced loan of Rs.72,000/- to the complainant and thereafter, he used to leave the motorbikes for repair. However, the complainant refused to repair the vehicle which belongs to petitioner No.1.

¶33

It is further submitted that the complainant provoked the petitioner by abusing him, which led to the

¶34

5 - NC: 2026:KHC:15592 CRL.P No. 3453 of 2026

¶35

HC-KAR

¶36

incident in question. Furthermore, the alleged assault and the resulting injuries sustained by the complainant are not grievous in nature.

¶37

It is further submitted that the petitioners are aged about 22 years and 20 years respectively and they are the permanent resident of Ramamurthy Nagara and Benson Town, respectively. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition.

¶38

Per contra , learned High Court Government Pleader for respondent-State vehemently submitted that the petitioners are being youngsters assaulted the complainant with machete with an intention to commit his murder. As a result of which, the complainant sustained serious injuries. If the petitioners are enlarged on bail, there is a threat to the life of the complainant. Hence, it is appropriate to reject the petition. Making such

¶39

6 - NC: 2026:KHC:15592 CRL.P No. 3453 of 2026

¶40

HC-KAR

¶41

submissions, learned HCGP for respondent-State prays to reject the petition.

¶42

Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that petitioner No. 1 being accused No. 1 used to leave his Yamaha Motor bike for repair in the garage of the complainant. The complainant used to get the vehicle repaired. However, it is alleged that petitioner No. 1 was not paying the amount regularly. Further, it is alleged that petitioner No. 1 had left the Yamaha motor bike for repair. The complainant did not attend the work as he had not received money of which he had undertaken repair work earlier.

¶43

It appears from the record, there was a quarrel between the complainant and the petitioners. However, on going through the wound certificate of the complainant, it shows that he had sustained grievous injuries. Merely because there are grievous injuries, that itself would not

¶44

7 -

¶45

NC: 2026:KHC:15592 CRL.P No. 3453 of 2026

¶46

HC-KAR

¶47

sufficient to invoke the provision under Section 109 of BNS, 2023 unless such injuries are coupled with the specific intent to commit murder. Having noticed the said aspect, it is appropriate to grant bail by imposing suitable conditions which would take care of apprehension of the prosecution.

¶48

Hence, I proceed to pass the following:

¶49

ORDER

¶50

(i) The petition is allowed.

¶51

(ii) The petitioners are ordered to be enlarged on bail in Crime No.3/2026 of respondent-police for the aforesaid offences on executing a personal bond

¶52

in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the Trial Court.

¶53