Full Judgment Text
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NC: 2026:KHC:21003
CRL.P No. 2681 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO.2681 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
SOMASHEKAR V
@ ITTIGE FACTORY SOMA
S/O LATE VENKATESHAIAH S
AGED ABOUT 36 YEARS
R/AT, SIPAIGALLI VILLAGE
NEAR ANEKAL POLICE STATION
WARD.NO.14, KASABA HOBLI
ANEKAL TALUK, BENGALURU.
…PETITIONER
Digitally
signed by
PAVITHRA
N
Location:
High
Court of
Karnataka
(BY SRI. GURUDATH V R., ADVOCATE)
AND:
STATE OF KARNATAKA BY
HEBBUGODI POLICE STATION,
REP BY HIGH COURT SPP,
BENGALURU - 560 001.
…RESPONDENT
(BY SRI. HARISH GANAPATHY., HCGP)
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CRL.P No. 2681 of 2026
HC-KAR
THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY
THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE
THE PETITIONER ON REGULAR BAIL IN
CRL.MSIC.NO.5073/2026 ARISING OUT OF CR.NO.26/2026 OF
HEBBAGODI P.S., PENDING BEFORE THE COURT OF THE III
ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTIRCT, ANEKAL, FOR THE OFFENCES P/U/S 109(1), 137(2),
190 OF BNS, 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
1. This criminal petition is filed by the petitioner who
is arrayed as accused No.5 in Crime No.26/2026 filed by
the respondent - Police for the offences punishable under
Section 109(1), 190, 140(1), 61(2), 118(2) of the
for short BNS
Bharatiya Nyaya Sanhita, 2023 ( ).
Factual matrix of the case:
2. The case of the prosecution is that one Smt.
Bhavani, W/o Karthik J., had lodged a complaint stating
that complainant fell in love with Karthik about 10 years
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ago and got married and they have children. On
07.01.2026 she received an information that Karthik was
admitted to Kaveri Hospital, Hosur, for treatment. The
complainant went to the hospital to see Karthik. The said
Karthik was on the bed with bruises and blood. The
complainant asked him the reason for such injuries, he
stated that one Sahana called him and told asked him to
come near her house in Hennagar. He reached the house
of Sahana, around 06.00 p.m., at that time, Ganga, Soma,
Madhu and two others were standing near the house and
they were talking to someone in the car. When Karthik
reached there, all of them surrounded him and told him
that they need to talk with him and asked him to get
inside the car. When he refused to do the same, they
picked him up and took him to Mattigiri in Tamil Nadu.
When the said Karthik tried to escape, they assaulted him
with their hands and stabbed him with a knife with the
intention to commit his murder. As a result of which, he
sustained severe injuries on all over the body and he
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became unconscious. When he woke up he was in the
hospital. Based on the said information the respondent
Police registered a case, and conducted investigation and
submitted the charge-sheet.
3. Heard Sri. Gurudath V.R., learned counsel for the
petitioner and Sri. Harish Ganapathy learned High Court
Government Pleader for respondent.
4. The submission of the learned counsel for the
petitioner is that the petitioner is arrayed as accused No.5.
The allegation made in the charge-sheet is that the
petitioner herein along with accused No.7 had assaulted
with hands and with a jack rod. However, these are
omnibus allegations made against the petitioner.
Moreover, the injured has been discharged from the
hospital. The intention to commit murder was not there.
The injuries of the victim are not caused on the vital parts
of the body. Therefore, he may be enlarged on bail by
imposing suitable conditions. Making such submission
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learned counsel for the petitioner prays to allow the
petition.
5. Per Contra, learned High Court Government
Pleader for respondent - State vehemently submitted that
the petitioner herein, is one of the accused in this case, he
along with other accused persons have assaulted the
injured on account of old enmity and have caused severe
injuries/grievous injuries. The averments of the charge-
sheet would indicate that the accused had intention to
commit murder of the injured/victim. Therefore, it is not
appropriate to grant him bail. Making such submission
learned High Court Government Pleader for respondent -
State prays to reject the petition.
6. Heard learned counsel for the respective parties
and perused the averments of the charge-sheet. It
appears from the record that the petitioner herein along
with accused No.7 and others had assaulted the injured
and caused injuries. The wound certificate indicates that
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the injuries allegedly caused to the victim are grievous in
nature. However, it appears that the injured has been
discharged from the hospital. Considering the said aspect,
it is appropriate to grant bail by imposing suitable
conditions that would take care of the apprehension of the
prosecution.
7. Hence, I proceed to pass the following:
ORDER
allowed.
i. The petition is
ii. The petitioner is ordered to be enlarged on
bail in Crime No.26/2026 filed by the
respondent - Police for the offences
punishable under Section 109(1),
140(1), 61(2), 118(2) R/W 190 of the
BNS, 2023, on executing a personal bond
for a sum of Rs.1,00,000/- (Rupees One
Lakh only) with one (01) surety to the like
sum to the satisfaction of the Trial Court.
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iii. The petitioner shall not threaten or tamper
with the prosecution witnesses nor hamper
with 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.
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
NM