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High Court of Karnataka · body

2025 DAILYLAW 39173 (KAR)

SANTOSH ANNA SARGAR v. THE STATE BY

CRL.P/17530/2025 · 2025-12-26

G Basavaraja

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54808 CRL.P No. 17530 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 17530 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SANTOSH ANNA SARGAR S/O SRI ANNA RAMACHANDRA SARGAR, AGED ABOUT 39 YEARS, R/AT GOMEWADI, ATPADI TALUK, SANGLI DISTRICT, MAHARASTRA-415 306. …PETITIONER (BY SRI. BALAKRISHNA K., ADVOCATE) AND: 1. THE STATE BY VIRAJPET RURAL POLICE STATION, VIRAJPET TALUK, KODAGU DISTRICT-571 218 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI.NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PLEASED TO GRANT REGULAR BAIL TO THE PETITIONER (ACCUSED NO.7) IN THE ABOVE CASE, VIRAJPET RURAL Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54808 CRL.P No. 17530 of 2025 POLICE HAD REGISTERED FIR IN CR.NO.108/2025 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC COURT, VIRAJPET, THE ALLEGED O/P/U/S 310(2) AND 311 OF THE BNS ACT, 2023 BEFORE THE HONBLE ADDL. CIVIL JUDGE AND JMFC VIRAJPET KODAGU DISTRICT DTD 15.10.2025 AND THEREBY RELEASED ON BAIL HIM IN THE ABOVE CASE HEREIN JUDICIAL CUSTODY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER The petitioner has filed this petition under Section 483 of the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023. 2. On the basis of the complaint filed by Appaso, Virajpet Rural Police have registered a case in Crime No.108/2025 against five unknown persons for the commission of offences punishable under Section 310(2) and 311 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. On 16.10.2025, accused No.1 to 5 have been arrested and produced before jurisdictional Magistrate and they have been remanded to judicial custody. The alleged - 3 - HC-KAR NC: 2025:KHC:54808 CRL.P No. 17530 of 2025 offences are not punishable with death or imprisonment for life. In the remand application, it is stated that accused No.1 and 2 are required for further investigation and accused No.3 to 5 are not required for further investigation. It is submitted that accused have already been taken to police custody for investigation. The remand application reveals that the Sub-Inspector of Police has submitted remand application to remand the accused for 14 days. The contents of this remand application reveals that the accused are not required for further investigation. As per complaint averments, the accused have repaid an amount of Rs.10,400/- and one mobile handset. Considering the nature of facts and offences, and antecedents of petitioner, I proceed to pass the following: ORDER The Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:54808 CRL.P No. 17530 of 2025 i. The petitioner shall be released on bail upon executing a self bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. ii. The petitioner shall not tamper or threaten the prosecution witnesses in any manner. iii. The petitioner shall assist the Investigating Officer for investigation. iv. The petitioner shall not indulge in any other similar offences. v. The petitioner shall not leave the jurisdiction of Trial Court without prior permission. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 134