Sri. Shankara Vs State of Karntakta

THIS CRL.P IS FILED U/S 483 BNSS, 2023, PRAYING TO RELEASE/ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.39/2026 OF THE RESPONDENT KYATHANAHALLI P.S. FOR THE ALLEGED OFFENCE P/U/S 126(2), 109, 115(2), 118(1), 352, 351(2) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE HON'BLE CJ (SR.DN) AND J.M.F.C COURT, PANDAVAPURA, MANDYA DISTRICT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Crime No.39/2026 registered by

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Kyathanahalli Police Station, Mandya, for the offences punishable under Sections 126(2), 109, 115(2), 118(1), 352, 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

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Heard the learned counsel for the petitioner and the learned HCGP for the respondent/State.

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3 - NC: 2026:KHC:27325 CRL.P No. 7069 of 2026

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HC-KAR

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FIR in the present case was registered for the aforesaid offences against the petitioner and four others based on the first information dated 16.03.2026. During the course of investigation, petitioner herein was arrested on 17.03.2026 and remanded to judicial custody. His bail petition filed before the jurisdictional Sessions Court in Crl.Misc. No. 5094/2026 was rejected on 15.04.2026. Therefore, he is before this Court.

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4. Perusal of the first information which is submitted by the injured victim - Manjunath would go to show that the allegation of assaulting Manjunath with a jack rod is made against accused No. 2 - Nandeesh.

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5. Learned counsel for the petitioner submits that the petitioner is aged about 44 years and has no other criminal antecedents. Accused Nos. 2 to 5 have been granted anticipatory bail by the jurisdictional Sessions Court in Crl. Misc. No. 5141/2026 disposed of on 05.05.2026. Major portion of the investigation is

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4 - NC: 2026:KHC:27325 CRL.P No. 7069 of 2026

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HC-KAR

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completed. Petitioner is in custody in the present case for the last nearly 3 months.

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Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:

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ORDER

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.39/2026 registered by Kyathanahalli Police Station, Mandya, for the offences punishable under Sections 126(2), 109, 115(2), 118(1), 352, 351(2) r/w 3(5) of the BNS, 2023, subject to the following conditions:

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;

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