Karnataka High Court
Sri Bharath Kumar M v. The State by
2026:KHC:27865 · CRL.P/4274/2026
- Decision date
- 2026-06-10
- Text availability
- Full text
- Judges
- S Vishwajith Shetty
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
- 1 - NC: 2026:KHC:27865 CRL.P No. 4274 of 2026 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4274 OF 2026 BETWEEN: SRI BHARATH KUMAR M S/O LATE K.C. MANI, AGED ABOUT 31 YEARS, RESIDING AT 4279, 3RD CROSS, NEAR MINI WATER TANK, GANDHINAGAR, MYSORE -570007 …PETITIONER (BY SRI. GOPALA GOWDA .H.K, ADVOCATE) AND: THE STATE BY Digitally STATION HOUSE OFFICER signed by NARASIMHARAJA POLICE STATIONBHARATHI S MYSORE -570001 Location: REP BY HCGP HIGH HIGH COURT BUILDING COURT OF HIGH COURT OF KARNATAKAKARNATAKA BANGALORE 560 001 …RESPONDENT (BY SRI. LAXMAN B, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER OF ENLARGING THE PETITIONER ON BAIL IN CR NO.164/2025 BY NARASIMHARAJA POLICE IN CC NO. 10305/2025 FOR THE OFFENCES P/U/S 103 - 2 - NC: 2026:KHC:27865 CRL.P No. 4274 of 2026 HC-KAR R/W 3(5) OF BNS PENDING ON THE FILE OF THE HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE, AT MYSORE DISTRICT MYSORE PENDING THE DISPOSAL OF THE CASE BY IMPOSING SUCH CONDITIONS AS THIS HONBLE COURT MAY DEEMS FIT, WHICH THE PETITIONER IS READY TO ABIDE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER
1. Accused No.2 in Crime No.164/2025 registered by Narasimharaja Police Station, Mysuru City for the offences punishable under Sections 103 r/w Section 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS, 2023') is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.164/2025 was registered by Narasimharaja Police Station, Mysuru initially for offence punishable under Section 109 of BNS, 2023 against one Chandru on the first information dated 18.09.2025 received from one Naveen Kumar R. who is the brother of deceased - Naveen Kumar. - 3 - NC: 2026:KHC:27865 CRL.P No. 4274 of 2026 HC-KAR The injured Naveen Kumar subsequently died on 18.09.2025 while undergoing treatment in the hospital. Petitioner was arrested and remanded to judicial custody in the present case on 19.09.2025. After completing investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc. No.2027/2025 was rejected on 14.1.2026. Therefore, he is before this Court.
4. FIR in the present case was registered only against Chandru and petitioner's name is not found in the FIR. During the course of investigation, petitioner was arrested on 19.09.2025 and in the charge sheet filed, he is arrayed as accused No.2. Chandru @ Chandrashekar is arrayed as accused No.1 in the charge sheet. From the charge sheet allegations, it appears that accused Nos.1 and 2 and the deceased who hails from Tamilnadu were known to each other and the deceased was often staying in the room of accused No.1 and consuming alcohol. On 17.09.2025, a gold finger ring of accused No.1 was missing and in this regard, after enquiry, he allegedly assaulted - 4 - NC: 2026:KHC:27865 CRL.P No. 4274 of 2026 HC-KAR Naveen Kumar. Therefore, Naveen Kumar had abused accused No.1 referring to his wife and daughter. Accused Nos.1 and 2, therefore, got enraged and with an intention to teach a lesson to Naveen Kumar, they allegedly took Naveen Kumar in a car to the outskirts of Mysuru City and had assaulted him with their hands. Subsequently, accused No.1 once again quarreled with Naveen Kuamr and pushed him down to the ground and thereafter, dropped a stone on his head. As a result, Naveen Kumar had suffered grievous injuries on his head and though he was shifted to hospital, he had succumbed to the head injury on 18.09.2025.
5. From the aforesaid, it is apparent that the allegation of dropping the stone on the head of Naveen Kumar and causing fatal injury is only against accused No.1. Petitioner has no criminal antecedents and he is custody from 19.09.2025. Even the alleged eye witnesses CW.21 - Praveen Kumar has not stated in his statement recorded under Section 183 of BNS, 2023 about the petitioner's role in causing head injury to the deceased. Postmortem report would reveal that the death was as a result of head injury sustained. - 5 - NC: 2026:KHC:27865 CRL.P No. 4274 of 2026 HC-KAR 6. Having regard to the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. Crime No.164/2025 registered by Narasimharaja Police Station, Mysuru City registered for the offences punishable under Sections 103 r/w Section 3(5) of BNS, 2023 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 likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the date of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2026:KHC:27865 CRL.P No. 4274 of 2026 HC-KAR d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of. SD/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 48