Sri. Vijaya Kumar Vs the State of Karnataka by

THE STATE OF KARNATAKA BY GOWRIBIDANUR RURAL POLICE STATION GOWRIBIDANUR TOWN CHIKKABALLAPURA DIST - 561 208 REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

¶19

2 -

¶20

NC: 2026:KHC:33014 CRL.P No. 6743 of 2026 C/W CRL.P No. 6889 of 2026

¶21

HC-KAR

¶22

CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.100/2024 (IN CR.NO.224/2024) REGISTERED BY THE RESPONDENT GOWRIBIDANUR RURAL P.S., CHIKKABALLAPURA DISTRICT, FOR ALLEGED OFFENCE P/U/S 189(2), 189(4), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 351(3), 109(1), 103(2), 190 OF BNS 2023 PENDING ON THE FILE LEARNED I ADDL.DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA VIDE ANNEXURE-D AND ETC.

¶23

IN CRL.P NO. 6889/2026

¶24

BETWEEN:

¶25

SRI NAVEEN KUMAR S/O. RAMANJINAPPA AGED ABOUT 24 YEARS R/AT. NADUVALAHALLI VILLAGE HOSSUR HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DIST - 561 211

¶26

...PETITIONER

¶27

(BY SRI. MANJUNATHA A C., ADVOCATE)

¶28

AND:

¶29

THE STATE OF KARNTAKA BY GOWRIBIDANUR RURAL POLICE STATION GOWRIBIDANUR TOWN CHIKKABALLAPURA DIST - 561 208 REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU - 560 001.

¶30

...RESPONDENT

¶31

(BY SMT. RASHMI JADHAV, ADDL. SPP)

¶32

CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.100/2024 (IN CR.NO.224/2024) REGISTERED BY THE RESPONDENT GOWRIBIDANUR RURAL P.S., CHIKKABALLAPURA DISTRICT, FOR ALLEGED OFFENCE P/U/S

¶33

3 - NC: 2026:KHC:33014 CRL.P No. 6743 of 2026 C/W CRL.P No. 6889 of 2026

¶34

HC-KAR

¶35

189(2), 189(4), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 351(3), 109(1), 103(2), 190 OF BNS 2023 PENDING ON THE FILE LEARNED I ADDL.DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA VIDE ANNEXURE-D AND ETC.

¶36

THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶37

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶38

COMMON ORDER

¶39

Accused Nos.2 and 7 in S.C.No.100/2024 pending

¶40

before the Court of I Additional District and Sessions Judge, Chikkaballapura, arising out of Crime No.224/2024 registered by Gowribidanuru Rural Police Station, Chikkaballapura, for offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 115(2), 118(1), 352, 351(2), 351(3), 109(1), 103(2) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS, 2023'), are before this Court in these two petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS, 2023') seeking regular bail and therefore, these two petitions are heard together and disposed off by this common order.

¶41

4 -

¶42

NC: 2026:KHC:33014 CRL.P No. 6743 of 2026 C/W CRL.P No. 6889 of 2026

¶43

HC-KAR

¶44

Heard the learned Counsel for the parties.

¶45

FIR in Crime No.224/2024 was registered by Gowribidanuru Rural Police Station, Chikkaballapura against the petitioner and six others for the offences punishable under Sections 189(3), 191(2), 191, 191(3), 115(2), 118(1), 352, 351(1), 351(3), 109 read with 190 of the BNS, 2023, on the basis of the first information dated 18.08.2024 received from Sudhakara, who is one of the injured victims in the present case.

¶46

During the course of investigation of the case, accused No.2 was arrested on 25.08.2024 and accused No.7 was arrested on 19.08.2024. Investigation of the case was completed and the charge sheet has been filed against seven persons and petitioners herein are arrayed as accused Nos.2 and 7 in the charge sheet. Their bail applications filed before the Trial Court was earlier rejected and therefore, they had approached this Court in Criminal Petition No.4858/2025 which was dismissed as

¶47

5 -

¶48

NC: 2026:KHC:33014 CRL.P No. 6743 of 2026 C/W CRL.P No. 6889 of 2026

¶49

HC-KAR

¶50

withdrawn on 25.04.2025 with liberty to approach the Trial

¶51

Court afresh, after examination of the alleged eye witnesses, viz., CW1 to CW6 is completed before the Trial Court. Subsequently, petitioners had filed a fresh bail application before the Trial Court in S.C.No.100/2024 which was rejected on 21.04.2026. It is under these circumstances, accused Nos.2 and 7 are before this Court in these two criminal petitions.

¶52

Learned Counsel for the petitioners submits that except the petitioners all other accused have been enlarged on bail. As on this date, six charge sheet witnesses viz., CW1 to CW6 have been examined before the Trial Court as PW1 to PW6. However, PW3 and PW5 have turned hostile to the case of the prosecution. Petitioners do not have any criminal antecedent. They are in custody for the last nearly two years. Accordingly, prays to allow the petition.

¶53

6 - NC: 2026:KHC:33014 CRL.P No. 6743 of 2026 C/W CRL.P No. 6889 of 2026

¶54

HC-KAR

¶55

Per contra , learned Additional State Public Prosecutor, who has opposed the petition, submits that allegation of assaulting the deceased with deadly weapon is found only as against accused Nos.2 and 7. There is strong material as against them. Accordingly, she pleads to dismiss the petition.

¶56

Perusal of the material on record would go to show that, there is a civil dispute between the parties and it is in this background, the incident in question had taken place on 18.08.2024 at about 11.30 hours. Initially FIR was registered in the present case for the offences punishable under Sections 189(3), 191(2), 191(3), 109, 191, 115(2), 118(1), 351(1), 351(3), 352 and 190 of BNS, 2023. It appears that subsequently one of the injured victims, viz., Nanjundappa, had died on 19.08.2024 and therefore, offence punishable under Section 103 of BNS, 2023 was invoked in the present case against accused persons. As per the charge sheet allegations, Accused Nos.2 and 7 had assaulted Nanjundappa with wooden club. It is not in

¶57

7 - NC: 2026:KHC:33014 CRL.P No. 6743 of 2026 C/W CRL.P No. 6889 of 2026

¶58

HC-KAR

¶59

dispute that the other accused persons were also present at the spot of crime. The prosecution has now examined all the alleged eye witnesses viz., CW1 to CW6 before the Trial Court as PW1 to PW6.

¶60

Learned Counsel for the petitioners has brought to the notice of this Court that PW3 and PW5 have not supported the case of the prosecution and therefore, they were treated as hostile witnesses and cross-examined by the Public Prosecutor. Out of the 57 charge sheet witnesses cited in the present case, as on this date, only six charge sheet witnesses are examined as PW.1 to PW6.

¶61

The petitioners are in custody for the last nearly 2 years. Except the petitioners, all other accused persons in the present case have been enlarged on bail. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that petitioners may tamper with the said witnesses. As on this date, since

¶62

only six charge sheet witnesses are examined out of the 57 charge sheet witnesses, the chances of the trial being

¶63

8 - NC: 2026:KHC:33014 CRL.P No. 6743 of 2026 C/W CRL.P No. 6889 of 2026

¶64

HC-KAR

¶65

completed and case being disposed of on merits in the

¶66

near future is very remote. It is trite that accused persons cannot be detained in custody as a precautionary or preventive measure. Petitioners herein are said to be agriculturalists and it is not in dispute that petitioners have

¶67

no other criminal antecedents.

¶68

Considering the aforesaid aspects of the matter, I

¶69

am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-

¶70

ORDER

¶71

The petitions are allowed.

¶72

The petitioners viz. Accused Nos.2 and 7 are directed to be enlarged on bail in S.C.No.100/2024 pending before

¶73

the Court of I Additional District and Sessions Judge, Chikkaballapura, arising out of Crime No.224/2024 registered by Gowribidanuru Rural Police Station, Chikkaballapura, for offences punishable under Section 189(2), 189(4), 191(2), 191(3), 115(2), 118(1), 352,

¶74

9 -

¶75

NC: 2026:KHC:33014 CRL.P No. 6743 of 2026 C/W CRL.P No. 6889 of 2026

¶76

HC-KAR

¶77

351(2), 351(3), 109(1), 103(2) read with 190 of BNS,

¶78

subject to the following conditions:

¶79

a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

¶80

b) Petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

¶81

c) Petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

¶82

d) Petitioners shall not involve in similar offences in future;

¶83

e) Petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

¶84

Sd/(S VISHWAJITH SHETTY) JUDGE

¶85

DL

¶86

List No.: 1 Sl No.: 46

Sri. Vijaya Kumar v. the State of Karnataka by

Case brief

What is this about?

What did the court decide?

Sri. Vijaya Kumar v. the State of Karnataka by

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Siddaraju Vs State by

Sri Sharanappa Kalappa Bellundagi Vs the State of Karnataka

Vishnu K Vs State of Karnataka

Sri.Satish @ Sati Vs State of Karnataka

Sri Shimul Debanath Vs State of Karnataka

Paramesh G Vs State of Karnataka