ANKITH KUMAR vs THE STATE OF KARNATAKA

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HC-KAR
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CRL.P No. 11434 of 2026


CNR: KAHC010520042026





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 11434 OF 2026

BETWEEN:

ANKITH KUMAR
S/O RISHIKESH SINGH,
AGED ABOUT 22 YEARS (NOW 26 YEARS)
R/AT G.M.HOSPITAL,
KENGERI, BENGALURU-560 060.
ALSO RESIDING AT:
KAMALAPURA VILLAGE,
BHALKRATH, MUZAFFARPUR DISTRICT,
STATE OF BIHAR - 843 101
PRESENTLY LODGED
IN CENTRAL PRISON,
BENGALURU - 560 100.
…PETITIONER










(BY SRI. DILRAJ JUDE ROHIT SEQUEIRA., ADVOCATE)

Digitally signed
by NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
AND:

1. THE STATE OF KARNATAKA
REPRESENTED BY THE
STATION HOUSE OFFICER,
COTTON PET POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.

2. SMT. KASTURI REDDY S
S/O SUBBARAM,
AGED ABOUT 38 YEARS,

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RESIDING AT NO.5,
TH
14 MAIN ROAD,
B.C.C. LAYOUT,
NEAR GOVERNMENT COLLEGE,
VIJAYANAGAR,
BENGALURU - 560 040.

3. SANJANA @ LINGU
S/O SHARANAPPA,
INDIRANAGAR, SEDAM,
GULBARGA - 585 222.
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP
SRI. ASHOKA T., ADVOCATE)

THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS)
CR.P.C., BY THE ADVCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION
WITH CRIME NO.64/2022 OF COTTONPET POLICE STATION,
BENGALURU WHICH IS NOW PENDING AS S.C.NO.1824/2022
ON THE FILE OF THE XLV ADDL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU FOR THE OFFENCE P/US/ 302, 307, 201
R/W SEC.34 OF IPC, ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

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CRL.P No. 11434 of 2026


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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in S.C.No.1824 of 2022, pending
before the Court of XLV Additional City Civil and Sessions
Judge, Bengaluru, arising out of Crime No.64 of 2022
registered by Cottonpet Police Station, Bengaluru for the
offences punishable under Sections 302, 307 and 201 read
with Section 34 of the Indian Penal Code is 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.64 of 2022 was registered by
Cottonpet Police Station, Bengaluru initially for offence
punishable under Section 307 of IPC against the petitioner
and others, based on the information dated 14.05.2022
received from one Kasturi Reddy.S., friend of the deceased
Archana. During the course of investigation, the petitioner
herein was arrested on 21.05.2022 and remanded to

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judicial custody. Subsequently, Archana died in the
hospital on 15.05.2022. Thereafter, the offence punishable
under Section 302 IPC was invoked against the accused.
After completing investigation, charge-sheet has been filed
against two persons and petitioner herein has been
arraigned as accused No.1 in the charge-sheet. His bail
application filed before the Trial Court in Crl.Misc.No.
10878 of 2022 was rejected vide order dated 08.12.2022.
Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that
accused No.2 has been granted regular bail by this Court
in Crl.P.No.8894 of 2025 disposed of on 02.12.2025.
Petitioner who has no criminal antecedents is in custody
for the last nearly four years and six months. As on this
date, only five witnesses have been examined before the
Trial Court. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP appearing for
Respondent No.1/State and the learned counsel appearing

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for Respondent No.2 have opposed the petition. They
submit that injured eye-witness/CW-2 has supported the
case of the prosecution. There is a prima-facie case
against the petitioner. Accordingly, they pray to dismiss
the petition.
6. In the first information, which is filed by CW-1
Kasturi Reddy.S., it is stated that on 14.05.2022 at about
3.00 am, she received information from CW-2 Sanjana
that Ankith Kumar and his friend had assaulted her friend
Archana with a knife and had caused injuries.
Immediately, thereafter, Kasturi Reddy.S., had visited the
hospital and after collecting information from injured
victim Sanjana/CW-2, she had approached the police and
based on her information, FIR was registered against
Ankith Kumar and others.
7. As per the charge-sheet allegations, on
13.05.2022 at about 11.45 pm, accused Nos.1 and 2 had
met CW-2 Sanjana and Archana, who is the deceased in

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the present case, near the underpass at Railway Station in
Majestic area, Bengaluru and they were brought to Shivas
Lodge near Shantala Circle, Majestic, Bengaluru and had
sought sexual favour from them. At about 01.30 am on
14.05.2022, there was a quarrel between the accused
persons with Sanjana and Archana regarding payment of
money and accused No.2 allegedly had caught hold of
Sanjana's hair and accused No.1 assaulted her with a
knife. When Archana tried to intervene, accused No.1
assaulted her with the very same knife and as a result,
Archana suffered grievous injuries and subsequently, she
died in the hospital on 15.02.2022 at about 12.45 a.m.
8. Petitioner who has no other criminal
antecedents is in custody for the last nearly four years six
months. CW-2/Sanjana who is the injured witness has
been examined before the Trial Court as PW-5. Therefore,
there cannot be any apprehension that petitioner may
tamper with the material charge-sheet witnesses. Out of
the 43 charge-sheet witnesses cited in the present case,

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as on this date, only five charge-sheet witnesses have
been examined as PWs-1 to 5. Therefore, the chances of
trial being completed in the near future remains highly
Javed Gulam Nabi Shaikh Vs.
remote. In the case of
State of Maharashtra 2024 SCC
and another reported in
OnLine SC 1693
at paragraph No.19, the Hon'ble
Supreme Court has observed as follows:
"19. If the State or any prosecuting agency
including the court concerned has no
wherewithal to provide or protect the
fundamental right of an accused to have a
speedy trial as enshrined under Article 21 of the
Constitution then the State or any other
prosecuting agency should not oppose the plea
for bail on the ground that the crime committed
is serious. Article 21 of the Constitution applies
irrespective of the nature of the crime."

9. Accused No.2 has been granted regular bail by
this Court in Crl.P.No.8894 of 2025 vide order dated
02.12.2025, considering his period of incarceration and
also the delay in trial. Undisputedly, petitioner herein has

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no other criminal antecedents. Considering the aforesaid
aspects of the matter, more so, the period of petitioner's
incarceration, I am of the opinion that the prayer sought
for by the petitioner needs to be granted. Accordingly, the
following:
ORDER
allowed
The petition is . The petitioner shall be
enlarged on bail in S.C.No.1824 of 2022, pending before
the Court of XLV Additional City Civil and Sessions Judge,
Bengaluru, arising out of Crime No.64 of 2022 registered
by Cottonpet Police Station, Bengaluru for the offences
punishable under Sections 302, 307 and 201 read with
Section 34 of the Indian Penal Code, subject to the
following conditions:
a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees One Lakh
only) with two sureties for the like-sum, to the
satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all
the dates of hearing before the Trial Court unless

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the Trial Court exempts his appearance for valid
reasons;
c) The petitioner shall not directly or
indirectly threaten or tamper with the prosecution
witnesses;
d) The petitioner shall not involve in similar
offences in future.


Sd/-
(S VISHWAJITH SHETTY)
JUDGE


DH
List No.: 1 Sl No.: 35