Prajwal @ Kanda, Vs State by Hosamane Police Station

STATE BY HOSAMANE POLICE STATION, THE STATION HOUSE OFFICER, BHADRAVATHI TOWN CIRCLE, SHIVAMOGGA. REPRESENTED BY STATE PUBLIC PROSECUTOR, (HIGH COURT OF KARNATAKA), BENGALURU - 560 001.

¶15

…RESPONDENT

¶16

(BY SMT.RASHMI PATEL, HCGP)

¶17

THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.91/2025 DATED 06.05.2025 REGISTERED AT

¶18

2 - NC: 2026:KHC:24799 CRL.P No. 585 of 2026

¶19

HC-KAR

¶20

HOSAMANE POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT AND NOW CHARGE SHEET AND PENDING BEFORE THE LEARNED COURT OF IV ADDL.DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI IN SC NO.5046/2025 FOR OFFENCES P/U/S 189(2), 189(4), 190, 191(2), 191(3), 238, 54, 103(1) OF BNS 2023.

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

¶23

ORAL ORDER

¶24

This Criminal Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 by the petitioner, who is arrayed as Accused No. 4 in Crime No. 91 of 2025, dated 06.05.2025, registered by Hosamane Police Station, Shivamoga, for the offences punishable under Sections 103, 189(2), 189(4), 190, 191(2), and 191(3) of the Bharatiya Nyaya Sanhita, 2023.

¶25

The brief facts of the case are that the complainant is the brother of the deceased. The allegations in the complaint indicate that, on account of a prior quarrel that had taken place earlier on the same day, i.e., 05.05.2025, the petitioner, along

¶26

3 - NC: 2026:KHC:24799 CRL.P No. 585 of 2026

¶27

HC-KAR

¶28

with the other accused persons, is stated to have assaulted the deceased. The deceased, having sustained injuries in the said incident, was taken to Mc Gann Hospital,Shivamogga where he succumbed to the injuries. Insofar as the role attributed to the present petitioner is concerned, it is alleged that the petitioner assaulted the deceased with his hands and legs.

¶29

The learned counsel appearing for the petitioner submits that the allegations, insofar as they concern the present petitioner, do not indicate the use of any weapon. It is further submitted that it is Accused No. 1 alone who is alleged to have stabbed the deceased with a knife, and no overt act is attributed to the petitioner which caused or contributed to the fatal injuries sustained by the deceased.

¶30

3.1 The learned counsel would further submit that this Court, in Criminal Petition No. 168 of 2026, by order dated 23.03.2026, has granted bail to the co-accused, namely Accused Nos. 7 and 10. It is also submitted that this Court, in Criminal Petition No. 16831 of 2025 and connected matters, has granted bail to Accused Nos. 2, 3, and 5, and on the

¶31

4 -

¶32

NC: 2026:KHC:24799 CRL.P No. 585 of 2026

¶33

HC-KAR

¶34

ground of parity, the present petitioner also seeks enlargement on bail.

¶35

Per contra, the learned High Court Government Pleader

¶36

appearing for the State of Karnataka submits that the allegations leveled against the petitioner herein are grave in nature. It is further contended that, if the petitioner is enlarged on bail, there is a likelihood that he may threaten the prosecution witnesses and tamper with the evidence.

¶37

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State, and perused the material placed on record.

¶38

The aforesaid crime is registered against eight accused persons, and the present petitioner is arrayed as Accused No. 4. This Court, in Criminal Petition No. 168 of 2026, by order dated 23.03.2026, and in Criminal Petition No. 16831 of 2025 and connected matters, by order dated 19.02.2026, has granted bail to the co-accused persons. A perusal of the material placed on record would indicate that the allegations levelled against the co-accused persons, who have already

¶39

5 -

¶40

NC: 2026:KHC:24799 CRL.P No. 585 of 2026

¶41

HC-KAR

¶42

been enlarged on bail, are similar to those made against the present petitioner.

¶43

This Court finds no reason to take a different view in the present case, nor are any distinguishing circumstances brought on record warranting a differential consideration of the petitioner. In light of the above, and without expressing any opinion on the merits of the case, the petitioner/Accused No. 4 is entitled to be enlarged on bail.

¶44

Accordingly, the following order is passed:

¶45

(i) The Criminal Petition is allowed .

¶46

(ii) The petitioner is directed to be enlarged on bail in Crime No. 91 of 2025, dated 06.05.2025, registered by Hosamane Police Station, Shivamogga, for the offences punishable under Sections 103, 189(2), 189(4), 190, 191(2), and 191(3) of the Bharatiya Nyaya Sanhita, 2023 , subject to the following conditions:

¶47

a) the accused No.4/petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court;

¶48

6 -

¶49

NC: 2026:KHC:24799 CRL.P No. 585 of 2026

¶50

HC-KAR

¶51

b) The accused No.4/petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons;

¶52

c) The accused No.4/petitioner shall not involve in any offences in future.

¶53

Sd/(K. V. ARAVIND) JUDGE

¶54

HDK List No.: 1 Sl No.: 70

Prajwal @ Kanda, v. State by Hosamane Police Station

Case brief

What is this about?

What did the court decide?

Prajwal @ Kanda, v. State by Hosamane Police Station

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri D J Nagaraj Vs Sri Srinivas Reddy G R

Smt. Shwetha Madla Ramesh Vs the State of Karnataka

Smt. K Manjula Vs Smt. Umadevi B

Jade Blue Lifestyle India Limited Vs State of Karnataka

Sheetal Sawarthia Chauhan Vs Shambhav Jitendra Chauhan

Thummala Sarada @ Sharada (A2) Vs the State of Karnataka, by Kr Puram Police Station