- 1 - HC-KAR NC: 2026:KHC:15868 CRL.P No. 3008 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3008 OF 2026 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. SRI DARSHAN S/O ARUN AGED ABOUT 25 YEARS RESIDING AT DECHOOR MADIKERI-TOWN KODAGU -DISTRICT …PETITIONER (BY SRI. B M LOKESH., ADVOCATE) AND: 1. STATE BY MADIKERI TOWN P S REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15868 CRL.P No. 3008 of 2026 BENGALURU-560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) --- THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT THE REGULAR BAIL TO THIS PETITIONER AND RELEASE PETITIONER IN CRIME NO.127/2025, REGISTERED BY THE RESPONDENT, MADIKERI TOWN, PUNISHABLE UNDER SECTIONS 310(2), 127(2), 118(1) READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023, ON THE FILE OF SENIOR CIVIL JUDGE AND CJM COURT, MADIKERI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15868 CRL.P No. 3008 of 2026 ORAL ORDER 1. The petitioner, who is arraigned as accused No.4, is before this Court seeking for grant of regular bail in Crime No.127/2025 registered by the respondent-police for the offences punishable under Sections 310(2), 127(2), 118(1) r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by Sri Mahadeva H.P. s/o Puttamadaiah, stating that he was the resident of Chamarajpet, Bengaluru and working in an automobile shop at J.C. Road, Bengaluru. One and a half month prior to lodging the complaint, he had received a call from Rachana stating that “Are you a Principal?”. He replied that “He is not the Principal.” Thereafter, the said Rachana had sent her number and intended to make friendship with him. Both the complainant and Rachana had exchanged their photos through WhatsApp. 3. It is further stated that on 20.11.2025, the complainant had received a WhatsApp message stating that accused No.1 was coming to Rajarajeswari Dental Hospital, - 4 - HC-KAR NC: 2026:KHC:15868 CRL.P No. 3008 of 2026 Bengaluru and asked the complainant to meet her. He went there and met her around 02.20 p.m. Then, he was requested to pay Rs.5,000/-, as she was suffering from financial crisis. Accordingly, he had paid the amount of Rs.5,000/- through GooglePay. In all, she had received Rs.10,000/- from the complainant. 4. On 12.12.2025, around about 8.00 a.m., Rachana had called him and asked him to go to Madikeri. He went to Madikeri and waiting for her call to go to her house. Around about 10.30 p.m., he was asked to come near Nakshatra Super Market, Madikeri. He went to the location of which he had received on WhatsApp. Accused No.1 took the complainant to her house and they were talking with each other. In the meantime, around about 11.45 p.m., the complainant had heard the sound of an autorickshaw. The persons who came in the autorickshaw entered inside the house. They were introduced as brother and mother of accused No.1. 5. The so-called brother of accused No.1 had sent both accused Nos.1 and 5 outside the house and called accused Nos.3 and 4 to the house. All the accused had confined the - 5 - HC-KAR NC: 2026:KHC:15868 CRL.P No. 3008 of 2026 complainant in the room and assaulted, intimidated and insulted by making videograph of the bare body of the complainant. However, the complainant had managed to escape from the clutches of the accused and went to police station and lodged a complaint. 6. On the basis of the complaint, the respondent – Police have registered F.I.R. in Crime No.127/2025 for the aforesaid offences. 7. Heard Sri. B.M. Lokesh, learned counsel for the petitioner and Sri. Harish Ganapathy, learned High Court Government Pleader, for respondent - State. 8. It is the submission of the learned counsel for the petitioner that, as per the averments of the complaint, only three persons were present and they had assaulted the complainant. However, the petitioner, who is arraigned as accused No.4, had also been implicated falsely only in order to harass him. Therefore, the petitioner may be enlarged on bail, by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 6 - HC-KAR NC: 2026:KHC:15868 CRL.P No. 3008 of 2026 9. Per contra, learned High Court Government Pleader for respondent - State vehemently submitted that the petitioner is one of the associate of Sujith. The said Sujith is arraigned as accused No.3 in this case. The said Sujith is a rowdy sheeter. There are as many as nine cases are pending against the accused No.3. Therefore, it is not appropriate to grant him bail. If the petitioner is enlarged on bail, there may be chances of absconding from the case and also chances of tampering the prosecution witnesses. Hence, the said petition has to be rejected. Making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that only three persons were named in the complaint, however, the petitioner is arraigned as accused No.4. The reason behind implicated the present petitioner in this case is best known to the Investigating Officer. When the complainant itself stated in the complaint that there were three persons assaulted him, implicating the petitioner and other accused in the said case appears to be unnatural and - 7 - HC-KAR NC: 2026:KHC:15868 CRL.P No. 3008 of 2026 unjustified. Hence, it is appropriate to grant him bail, by imposing suitable conditions. 11. 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.127/2025 of respondent- police for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper 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 involve in any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2026:KHC:15868 CRL.P No. 3008 of 2026 In case, if 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 Bss List No.: 1 Sl No.: 49