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2026 DAILYLAW 10010 (KAR)

MR. RAKESH GUPTA v. STATE OF KARNATAKA

CRL.P/2501/2026 · 2026-03-10

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14195 CRL.P No. 2501 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2501 OF 2026 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. RAKESH GUPTA AGED ABOUT 51 YEARS. S/O RAM BILASH GUPTA. R/AT NO.1024, 2ND MAIN, 9TH CROSS, UDAYA NAGAR, OLD MADRAS ROAD, BENGALURU, KARNATAKA- 560 016. 2. MRS. MAHIMA. K. H. AGED ABOUT 37 YEARS. W/O MR. HEMANTH RAJU T. R/AT NO.1024, 2ND MAIN ROAD, 9TH CROSS, UDAYANAGAR, MAHADEVAPURA, BENGALURU- 560 016. …PETITIONERS (BY SRI. MILASH ARROL NORANHA, ADVOCATE FOR SMT. SEEMA SUDHEENDRAN C K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMAMURTHY NAGAR POLICE STATION, BANASWADI SUB-DIVISION, BENGALURU CITY, BENGALURU. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14195 CRL.P No. 2501 of 2026 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MR. HEMANT RAJU T. AGED ABOUT 39 YEARS. S/O MR. TIPPESWAMY. R/AT NO.57 AND 58, 3RD FLOOR, SRINIVAS NILAYA, 2ND CROSS, DEVAKI APPA RAO LAYOUT, RAMAMURTHY NAGAR, BENGALURU, KARNATAKA-560 016. 3. MR. TILAKESH KUMAR K. AGED ABOUT 36 YEARS, LEGAL CUM PROBATIONARY OFFICER (LOP), DIRECTORATE OF CHILD PROTECTION UNIT, BENGALURU (EAST), K.R. PURA, BENGALURU-560 036. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SETT ASIDE THE IMPUGNED ORDER DTD 30.09.2025 PASSED BY THE LEARNED FTSC-I ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.MISC.NO.7247/2025., AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14195 CRL.P No. 2501 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "A. Set aside the impugned order dated 30.09.2025 passed by the Learned FTSC-I Additional City Civil & Sessions Judge, Bengaluru in Crl.Misc.No.7247/2025; B. Extend the time for execution of the bail bond pursuant to the anticipatory bail order dated 09.09.2025 passed by the Learned FTSC-I Additional City Civil & Sessions Judge, Begnaluru in Crl.Misc.No.7247/2025; C. Pass such other orders or directions as this Hon'ble court may deem fit and necessary in the interests of justice." 2. Heard Sri. Milash Arrol Noronha, learned counsel for Smt. Seema Sudheendran C.K., learned counsel appearing for the petitioners and Sri. Channappa Erappa, learned High Court Government Pleader appearing for respondent No.1. 3. The petitioners are accused Nos.1 and 2 in crime No.484/2025 registered for offences punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 ('the POCSO Act' for short). The issue in the lis is not with regard to the merit of the matter. The petitioners - 4 - HC-KAR NC: 2026:KHC:14195 CRL.P No. 2501 of 2026 are set at liberty by grant of bail, subject to the condition that they would execute the bail bond within 15 days from the grant of such bail. The bail was granted on 09.09.2025. The time of 15 days would expire on 23.09.2025. The certified copy of the order was received on 25.09.2025, two days after the period expired. In that light, there is no fault of the petitioners in not executing a bail bond without the certified copy of a bail order. The concerned Court rejects the extension of time so filed for the purpose of grant of bail bond. 4. The concerned Court itself should have granted time, as the certified copy of the order was not out on 23.09.2025, the last date on which the period to execute the bail bond would expire. In that light, the petition deserves to succeed. The order dated 30.09.2025 stands quashed. 5. The learned counsel appearing for the petitioners submits that the matter is slated to be listed on 12.03.2026 and would undertake that he would comply with the order of execution of a bail bond on the 12.03.2026. 6. The concerned Court shall accept the bail bond. - 5 - HC-KAR NC: 2026:KHC:14195 CRL.P No. 2501 of 2026 7. In the light of the aforesaid reasons, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 77