SRI. ARUN S (A-2) v. STATE OF KARNATAKA
Case at a glance
Outcome
Allowed
(i) The criminal petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 109(1), 115(2), 118(1), 189(2), 190, 191(2), 351(2), 352, 483
- Bharatiya Nyaya Sanhita, 2023 ss. 109(1), 115(2), 118(1), 189(2), 190, 191(2), 351(2), 352
Key paragraphs
- Para 66. Considering the nature of allegations found against the accused persons and also taking HC-KAR - 5 - NC: 2026:KHC:38715 CRL.P No. 8823 of 2026 CNR: KAHC010416352026 consideration that the victims have only suffered simply injuries in the incident, I am of the opinion that…
Judgment
#2. SRI. HARSHITH KUMAR GOWDA @ KAPPE (A-3) S/O SHANKARA, AGED ABOUT 33 YEARS, R/AT CHAMUNDESHWARI STRET, SRIRANGAPATNA, MANDYA - 571 438.
#3. SRI. SATHISHA V @ MARKET SATHISH (A-4) S/O VENKATESH, AGED ABOUT 29 YEARS, R/AT GANDHINAGARA, SRIRANGAPATNA TOWN, MANDYA - 571 438.
#4. SANDESH P.N (A-6) S/O NARASIMHARAJU, AGED ABOUT 30 YEARS, R/AT BEHIND SENDHIL KOTE, HC-KAR - 2 - NC: 2026:KHC:38715 CRL.P No. 8823 of 2026 CNR: KAHC010416352026 SRIRANGAPATNA TOWN, MANDYA - 571 438. (BY SRI. SUNIL KUMAR G.A, ADVOCATE) AND: STATE OF KARNATAKA BY SRIRANGAPATNA TOWN POLICE, REP. BY STATE PUBLIC PROSECUTOR, AMBEDKAR VEEDHI, BENGALURU - 560 001. (BY SRI. RANGASWAMY R., HCGP) …PETITIONERS …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME NO.116/2026, OF SRIRANGAPATNA TOWN POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 352, 115(2), 118(1), 109(1), 351(2), 190 OF BNS, PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND JMFC AT SRIRANGAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 to 4 and 6 in Crime No.116/2026 registered by Srirangapatna Police Station, Mandya for offences punishable under Sections 189(2), 191(2), 352, 115(2), 118(1), 109(1), 351(2), 190 of BNSS, 2023, are HC-KAR - 3 - NC: 2026:KHC:38715 CRL.P No. 8823 of 2026 CNR: KAHC010416352026 before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
#2. Heard the learned counsel for the parties.
#3. FIR in Crime No.116/2026 was registered by Srirangapatna Police Station, Mandya for the aforesaid offences against Rakesh and others based on the first information dated 13.05.2026 received from Kumar, who is one of the injured victims in the present case. During the course of investigation, accused No.2 to 4 and 6 were arrested on 14.05.2026 and remanded to custody on
15.05.2026. Their bail applications filed before the jurisdictional Sessions Court were rejected. Therefore, they are before this Court.
#4. Perusal of the material on record would go to show that, injured victims in the present case are employed in a company known as Coron Factory India Pvt. Ltd., and accused No.1 and 2 were also working in the said company earlier and they were dismissed from service on HC-KAR - 4 - NC: 2026:KHC:38715 CRL.P No. 8823 of 2026 CNR: KAHC010416352026 the ground of misconduct. Accused No.1 and 2 therefore had ill-will against the injured victim Manjunatha and on the alleged date of incident, when the victims were traveling the motorbike, the accused persons intercepted and after quarreling with them, assaulted them causing injuries. Allegation of assaulting injured victim on his head with a beer bottle, is found in the first information against accused No.3 Harshith. Other accused persons allegedly assaulted injured victims with their hands and legs.
#5. Learned High Court Government Pleader has fairly submitted to the Court that both the victims in the present case have suffered only simply injuries in the incident in question. Accused No.2 is a person without any criminal antecedent and accused No.3, 4 and 6 are persons with criminal antecedents.
#6. Considering the nature of allegations found against the accused persons and also taking HC-KAR - 5 - NC: 2026:KHC:38715 CRL.P No. 8823 of 2026 CNR: KAHC010416352026 consideration that the victims have only suffered simply injuries in the incident, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: ORDER (i) The criminal petition is allowed. (ii) The petitioners are directed to be enlarged on bail in Crime No.116/2026 registered by Srirangapatna Police Station, Mandya for offences punishable under Sections 189(2), 191(2), 352, 115(2), 118(1), 109(1), 351(2), 190 of BNSS, 2023, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for likesum, the satisfaction of jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court HC-KAR - 6 - NC: 2026:KHC:38715 CRL.P No. 8823 of 2026 CNR: KAHC010416352026 unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. f) Accused No.3, 4 and 6 shall appear before the Investigation Officer on every first and third Sunday of the month, between 10.30 a.m. and
01.00 p.m. and mark their attendance, till the investigation of the case is completed and charge sheet is filed in the present case. Sd/- (S VISHWAJITH SHETTY) JUDGE MCR List No.: 1 Sl No.: 93
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: (i) The criminal petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 109(1), 115(2), 118(1), 189(2), 190, 191(2), 351(2), 352, 483; Bharatiya Nyaya Sanhita, 2023 — ss. 109(1), 115(2), 118(1), 189(2), 190, 191(2), 351(2), 352.
Precedent status how later indexed judgments have treated this case
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