NANDA @ NANDKUMAR vs THE STATE THROUGH MARKET YARD PS RAICHUR
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11564
CRL.P No. 201447 of 2026
CNR: KAHC030112432026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201447 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
NANDA @ NANDKUMAR S/O FAYAZ,
AGE:19 YEARS, OCC:PRIVATE WORK,
R/O. 8-3-44, HARIJANWADA, RAICHUR-584 101.
…PETITIONER
(BY SRI. NANDKISHORE BOOB, ADVOCATE)
AND:
THE STATE THROUGH MARKET YARD PS,
RAICHUR NOW REPRESENTED BY ADDL.
SPP HCKB AT KALABURAGI.
…RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BHARATIYA NYAYA SURAKSHA SANHITA, 2023, PRAYING
TO, RELEASE THE PETITIONER/ ACCUSED – 3 ON BAIL, IN
CRIME NO.79/2026 OF MARKET YARD PS RAICHUR, WHICH IS
PENDING BEFORE THE HON’BLE PRL. CIVIL JDUGE AND JMFC
AT RAICHUR, FOR THE OFFENCES 189(2), 191(2), 191(3), 352,
115(2), 118(1) AND 109(1) R/W 190 OF BNS 2023, IN VIEW OF
THE REASONS AS STATED ABOVE, IN THE INTEREST OF
JUSTICE AND EQUITY.
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HC-KAR
NC: 2026:KHC-K:11564
CRL.P No. 201447 of 2026
CNR: KAHC030112432026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioner and
also the learned High Court Government Pleader (HCGP)
for the respondent/State on the petition. Perused the
relevant materials on record.
2. This petition is filed by the petitioner/
accused No.3 under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying for
an order to grant bail in his favour in the case in
Crime No.97/2026 of the respondent Police for the
offences punishable under Sections 189(2), 191(2),
191(3), 352, 115(2), 118(1) and 109(1) read with 190 of
Bharatiya Nyaya Sanhita (for short ‘BNS’), pending on
the file of the learned Principal Civil Judge and JMFC,
Raichur.
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HC-KAR
NC: 2026:KHC-K:11564
CRL.P No. 201447 of 2026
CNR: KAHC030112432026
3. The learned HCGP for the respondent/ State
has orally objected to the petition submitting that there
is prima facie case against the petitioner for the alleged
offence. The investigation is not yet completed and
hence, if the petitioner is released on bail, there is
chance of him tampering with prosecution witnesses
and hampering further investigation of the case. There
is no ground made out by the petitioner to grant bail at
this stage. Hence, the learned HCGP has sought for
dismissal of the petition.
4. The prosecution was set into motion against
the petitioner and other accused persons on the
complaint of respondent No.2, who is wife of the injured.
The case alleged against the petitioner and other
accused persons is that the injured/ husband of
respondent No.2 is engaged in contract work and also
involved in politics and owing to his progress in political
influence in the locality, the accused persons including
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NC: 2026:KHC-K:11564
CRL.P No. 201447 of 2026
CNR: KAHC030112432026
the petitioner allegedly developed enmity against him
and intended to eliminate him by picking up quarrel
without any reason.
5. When the matter stood thus, on 27.08.2026
at about 05.30 p.m., the injured left the house
informing the complainant that he was going to saloon.
Thereafter at about 06.30 p.m., one Narendra Kumar
informed the complainant that the accused No.1 and
three to four persons assaulted the injured with an iron
road and a knife near the saloon of Markandeya and
caused injuries to his head, hands and legs. Thereafter,
the injured was shifted to RIMS hospital at Raichur. It
was noticed by the complainant that the injured
suffered injuries on the left side of head, near left thumb
and on right knee. Hence, on the complaint of
complainant, the case was registered against the
accused No.1 and 2 along with other three to four
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HC-KAR
NC: 2026:KHC-K:11564
CRL.P No. 201447 of 2026
CNR: KAHC030112432026
persons. Hence, the petitioner is alleged to have
committed the said offences.
6. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the
offences alleged against him and he has not committed
any offence. As submitted by the learned counsel for
the petitioner, it is true that the name of petitioner is
not mentioned in the FIR. The names of accused No.1
and 2 are mentioned along with three to four persons as
accused persons.
7. However, as pointed out by the learned
HCGP, the investigation is yet to be completed and it is
in the process. As per the statements of other accused
persons, there is overt act of the petitioner herein that
he assaulted the injured with hands and legs.
Moreover, the investigation is yet to be completed and
hence, at this stage, any of the contentions of the
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HC-KAR
NC: 2026:KHC-K:11564
CRL.P No. 201447 of 2026
CNR: KAHC030112432026
petitioner that he is innocent of the offences alleged and
he has not committed any such offence does not merit
consideration.
8. However, for the sake of argument, even if it
is accepted that there is prima facie case against the
petitioner for the alleged offence, the said offence is not
punishable with death or life imprisonment. Further,
even though the alleged offence is exclusively triable by
the learned Sessions Judge, the maximum punishment
for the said offence is imprisonment for life. There is no
material forthcoming from the respondent Police to
show any antecedents of the petitioner that he
committed similar offence or any offence earlier.
9. The discharge summary of the injured
produced by the petitioner would show that the
petitioner was discharged from the hospital on
03.09.2026 i.e., within six days from the date of alleged
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CRL.P No. 201447 of 2026
CNR: KAHC030112432026
incident. The said document would reveal that on final
diagnosis, it was observed that the injured suffered
fracture of right Patella, CLW over left frontal scalp
region and abrasions over left hand.
10. It is true that the fracture injury is grievous in
nature, but the discharge summary of the injured would
show that the injured was discharged from the hospital
within six days from the date of alleged incident and
that there is no danger to the life of the husband of the
complainant/ injured regarding the injuries allegedly
sustained by him in the incident. It is also pertinent to
note that as per the prosecution papers on record, the
allegations are made against the accused No.1 and 2
that they assaulted the injured with knife and iron rod
respectively.
11. It is well settled that the bail is rule and jail is
an exception. The accused cannot be allowed to remain
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NC: 2026:KHC-K:11564
CRL.P No. 201447 of 2026
CNR: KAHC030112432026
in judicial custody during pre-trial stage as punishment
for the alleged offences. After arresting the petitioner,
the respondent police sought for his remand to judicial
custody by the Investigating officer. This would clearly
show that the custodial interrogation of the petitioner is
not at all necessary for further investigation of the case.
12. As submitted by the learned counsel for the
petitioner and also as forthcoming on record, the
petitioner is aged about 19 years and he is permanent
resident of Harijanwada, Raichur District within the
jurisdiction of the Court of the learned Magistrate and
also of the trial Court/ Sessions Court. There is no
material forthcoming from the respondent Police to
show that there are any antecedents of the petitioners
that they committed similar offences or any offence
earlier.
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NC: 2026:KHC-K:11564
CRL.P No. 201447 of 2026
CNR: KAHC030112432026
13. The materials on record would show that the
petitioner has been in judicial custody from 11.09.2026
i.e., he is in judicial custody for more than one and half
months as on this day. Absolutely, there is no ground
made out by learned HCGP for the respondent to seek
continuation of detention of the petitioner in judicial
custody, except the fact that the investigation is not yet
completed. However, as discussed above, the remand of
the petitioner to judicial custody would show that the
custodial interrogation of the petitioner is not required
by the respondent police at this stage.
14. There is absolutely no any special ground
forthcoming from the respondent Police to deny bail to
the petitioner. Any of the apprehensions of the learned
HCGP can be suitably met with by imposing necessary
and proper conditions on the petitioner while granting
him bail. As such, the petitioner has made out
sufficient ground to grant bail in his favour as sought
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CNR: KAHC030112432026
for and consequently, the petition deserves to be
allowed.
15. In the result, I proceed to pass the following:
ORDER
i) The criminal petition is allowed.
ii) Consequently, the petitioner/
accused No.3 shall be enlarged on bail in
the case in Crime No.79/2026 of the
respondent Police for the offences
punishable under Sections 189(2), 191(2),
191(3), 352, 115(2), 118(1) and 109(1)
read with 190 of BNS pending on the file
of learned Principal Civil Judge and
JMFC, Raichur, on his executing personal
bond for Rs.2,00,000/- with two sureties
for the like sum to the satisfaction of the
learned Magistrate or trial Court, as the
case may be, subject to the following
conditions that:
a) The petitioner/ accused No.3 shall
appear before I.O. as and when
required and he shall assist the
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I.O. in further investigation of the
case, if any.
b) The petitioner/ accused No.3 shall
appear before the learned
Magistrate and also before trial
Court on all the hearing dates and
he shall assist the trial Court in
trial of the case.
c) He shall not tamper with
prosecution witnesses and shall
not hamper trial of the case in any
manner.
d) He shall not directly or indirectly
make any inducement, threat or
promise to the injured or any
person acquainted with the facts of
the case so as to dissuade him/
her from disclosing such facts to
the Court or to the Investigating
Officer or tamper with the
evidence, and
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CNR: KAHC030112432026
e) He shall not commit any similar
offences or any offence during the
pendency of case.
If the petitioner violates any of the conditions
of the bail, the bail granted in his favour shall
stand cancelled.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 14