Karnataka High Court
CRL.P/2681/2026 of SOMASHEKAR . V @ ITTIGE FACTORY SOMA Vs STATE OF KARNATAKA on 17 April 2026
NC: 2026:KHC:21003 CRL.P No. 2681 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH 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
(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)
Digitally
signed by
PAVITHRA
N
Location:
High
Court of
Karnataka
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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
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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 Bharatiya Nyaya Sanhita, 2023 (for short BNS). 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
i. The petition is allowed. 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