Pavan M N Vs State by K R Pete Rural P S — Bail and Remand | Karnataka HC (2026)

Pavan M N Vs State by K R Pete Rural P S — Bail and Remand | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Regular bail: petitioner to be enlarged on bail in Crime No.3/2026 of K.R. Pete Rural P.S. on executing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to conditions (no threatening/tampering with prosecution witnesses, appearance on all hearing dates, no indulgence in criminal cases till disposal); liberty reserved to prosecution to file for cancellation on breach.

Issue for consideration

Whether the petitioner, arraigned as accused No.7 in Crime No.3/2026 (offences under Sections 326(g), 109, 351(2), 352 read with 3(5) BNS 2023) when the complaint attributes participation to accused Nos.1 to 3 alone and implicates him on the strength of a co-accused's remand implication, should be enlarged on regular bail.

Court's answer

On the FIR averments only accused Nos.1 to 3 are stated to have participated in the offence; the petitioner, arrayed as accused No.7, was implicated on the strength of the co-accused's remand implication; considering this aspect, the court held it appropriate to grant him bail by imposing suitable conditions to take care of the prosecution's apprehension.

Ratio / Principle

Petition allowed: petitioner ordered to be enlarged on regular bail in Crime No.3/2026 on executing a personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum, subject to conditions — not to threaten or tamper with prosecution witnesses nor hamper Court proceedings, to appear before the Trial Court on all hearing dates, and not to indulge in criminal cases till disposal; liberty reserved to the prosecution to seek cancellation of bail on violation.

Detailed headnote1 paragraphs

Regular bail — petition under S.439 Cr.P.C. / S.483 BNSS — offences punishable under Ss.326(g), 109, 351(2), 352 r/w 3(5), Bharatiya Nyaya Sanhita, 2023 (Crime No.3/2026, K.R. Pete Rural P.S.) — incident of 02.01.2026: glass bottles filled with petrol hurled and fire set near a bar and restaurant — FIR/complaint speaks of participation of accused Nos.1 to 3 only — petitioner, arrayed as accused No.7, implicated on the strength of a co-accused's remand implication (counsel: not present at the spot, no overt act attributed) — Held, petition allowed: appropriate to enlarge the petitioner on bail with suitable conditions meeting the prosecution's apprehension — personal bond Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum — conditions: not to threaten or tamper with prosecution witnesses, appearance before the Trial Court on all hearing dates, no indulgence in criminal cases till disposal — liberty to prosecution to seek cancellation of bail on violation.

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NC: 2026:KHC:22178 CRL.P No. 3624 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

CRIMINAL PETITION NO. 3624 OF 2026

(439(Cr.PC) / 483(BNSS))

BETWEEN:

PAVAN M N

S/O NATESH

AGED ABOUT 21 YEARS

R/AT MOSALEKOPPLU, MODUR,

MANDYA – 571 426.

Digitally MANDYA – 571 426. signed by PAVITHRA N Location: High Court (BY SRI. VIKYATH B., ADVOCATE) of Karnataka

…PETITIONER

AND:

STATE BY K. R. PETE RURAL P S

REP BY SPP

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HIGH COURT BUILDING

BANGALORE - 560 001.

…RESPONDENT

(BY Ms. ASMA KOUSER., ADDL. SPP)

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.3/2026 OF K.R. PETE RURAL P.S FOR THE OFFENCS P/U/S 326(g), 109, 351(2), 352, 3(5) OF BNS, 2023, PENDING ON THE FILE OF THE CJ (SR.DN) AND JMFC COURT, K.R.PETE MANDYA DISTRICT AT CHIKKABALLAPURA.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

The petitioner/accused No.7 is before this Court

seeking grant of regular bail in Crime No.3/2026 of respondentpolice for the offence under Sections 326(g), 109, 351(2), 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Brief facts of the case :

The case of the prosecution is that on 02.01.2026 at about 07.20 pm, when the complainant and others were working in the bar and restaurant, the accused No.1 came in a motorbike along with his friends, asked Nikhil to give a full bottle of whiskey free of cost. The said Nikhil replied that there was no provision to supply the liquor free of cost. At that time, the accused started abusing him in a filthy language and he took his mobile phone and called the uncle of the complainant who is stated to be the owner of the bar and restaurant. The said Nikhil was instructed to give liquor to accused No.1. On receiving the said information, the said Nikhil gave small bottles of liquor instead of one full bottle.

It is further stated that, the accused Nos.1 to 3 and others again came near the bar and restaurant and started

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hurling the glass bottles filled with petrol and lit the fire. After setting the fire, accused Nos.1 to 3 and others fled away from the spot on their motorcycles. Hence the complaint. The investigation is under progress.

Heard Sri. Vikyath B., learned counsel for the

petitioner and Ms. Asma Kouser, learned Additional State Public Prosecutor for respondent-State.

It is the submission of learned counsel for the petitioner that the petitioner is arraigned as accused No.7 and he was not present at the spot. No overt act made against him. Even though the allegations are made only against three persons, the petitioner has been arraigned as one of the accused.

The petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The petitioner is a permanent resident of Mosalekoppalu, Mandya District. The petitioner will abide by the conditions to be imposed by this Court in the event of his release on bail. Making such

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submissions, learned counsel for the petitioner prays to allow the petition.

Per contra, learned Additional State Public Prosecutor for respondent-State vehemently submitted that the manner in which the incident had occurred would indicate that the petitioner and others had intention to maintain the rowdy status in the area. They are all anti-social elements. The petitioner is also one of the associates. If the petitioner is enlarged on bail, there may be chances of again committing the similar offences. Hence, it is not appropriate to grant any relief as prayed for till examination of the eyewitnesses. Making such submissions, learned Addl. SPP prays to reject the petition.

Heard learned counsel for the respective parties and perused the averments of the FIR, which would indicate that accused Nos.1 to 3 had committed offence as stated in the complaint. The complainant specifically stated about the participation of only three accused. The present petitioner is arrayed as accused No.7 and he has been implicated in this case on the strength of the co-accused in the remand implication. Having considered the said aspect, it is appropriate

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to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution.

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.3/2026 of respondent-police for the offence under Sections 326(g), 109, 351(2), 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/(Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court.

(iii) The petitioner shall not threaten or tamper with 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.

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In case, 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

NR/List No.: 1 Sl No.: 23