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NC: 2026:KHC:6142

CRL.P No. 17319 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 17319 OF 2025

(439(Cr.PC) / 483(BNSS))

BETWEEN:

1. SRI. MAGESH BABU G

S/O GUNA SHEKAR

AGED ABOUT 38 YEARS,

R/AT 18, 5^TH CROSS,

2^ND MAIN, 2^ND STAGE,

GOWTHAMPURA HALASURU,

BENGALURU - 08

…PETITIONER

(BY SRI. RAMESHA H N.,ADVOCATE)

AND:

Digitally signed by

LAKSHMINARAYANA

MURTHY RAJASHRI

Location: HIGH

COURT OF

KARNATAKA 1. THE STATE OF KARNATAKA

BY ASHOK NAGAR P.S.

REP BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU - 560001.

…RESPONDENT

(BY SRI. M R PATIL, HCCGP)

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NC: 2026:KHC:6142

CRL.P No. 17319 of 2025

HC-KAR

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED

U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON

BAIL IN CR.NO.338/2025 FOR THE OFFENCE P/U/S 109,61 R/W

3(5) OF BNS 2023 FILED BY THE RESPONDENT ASHOKNAGAR

P.S BENGALURU PENDING BEFORE THE HONBLE COURT OF

THE XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT

BENGALURU

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

The petition is filed by accused No.4 under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying

to grant bail in Crime No.338/2025 of Ashok Nagar Police

Station registered for offences under Sections 109, 61

read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for petitioner and

learned High Court Government Pleader for

respondent/State.

3. The learned counsel for petitioner would

contend that accused No.1 against whom the overt act of

holding deadly weapon and trying to assault the injured

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NC: 2026:KHC:6142

CRL.P No. 17319 of 2025

HC-KAR

has been granted bail by this Court in Crl.P

No.16041/2025 by order dated 07.01.2026. The

accusation against the petitioner is that he was with

accused Nos.1 and 2 when they chased the injured holding

deadly weapon. There is no allegation of any assault by

this petitioner to the injured. Therefore the petitioner is

entitled for grant of bail on the ground of parity. The

injured has sustained injuries due to fall from the

compound wall and not by the assault by any of the

accused. With this, he prayed to allow the petition.

4. Per contra, the learned High Court Government

Pleader for respondent/State would contend that the

statement of eyewitnesses has been recorded, wherein

they have stated the chasing of the injured by two persons

holding deadly weapons. The matter is under

investigation. If the petitioner is granted bail, there are

chances of hampering the investigation and tampering the

prosecution witnesses. With this, he prayed to reject the

petition.

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NC: 2026:KHC:6142

CRL.P No. 17319 of 2025

HC-KAR

5. Having heard the learned counsel, the Court

has perused the FIR, complaint and other materials placed

on record.

6. This Court while granting bail to accused No.1

by order dated 07.01.2026 passed in Crl.P No.16041/2025

has observed as under:

"6. As per averments of the complaint, there

was an incident on 26.10.2025, in which the

petitioner has stated to have assaulted the

complainant and in turn, the complainant has

also assaulted him. On the day of incident i.e.,

on 27.10.2025 when the complainant was

watching the football match in the stadium at

that time, the petitioner, accused No.2 and other

either (8) friends of the petitioner came to the

stadium wherein the petitioner has chased the

complainant holding long chopper and at that

time, the complainant jumped on the compound

and escaped. Considering the said aspect, there

is no injury caused by this petitioner on the

complainant. The petitioner is in judicial custody

since 30.10.2025 and as the major portion of

investigation is over, the petitioner is not

required for further custodial interrogation. There

are no criminal antecedents of the petitioner".

7. The allegation of holding deadly weapon and

chasing the injured is against accused Nos.1 and 2. The

pet