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2026 DAILYLAW 10699 (KAR)

H N SHANKARA MURTHY v. STATE OF KARNATAKA

CRL.P/187/2026 · 2026-02-19

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10346 CRL.P No. 187 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 187 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. H N SHANKARA MURTHY S/O LATE HK NAGANNA SETTY AGED ABOUT 53 YEARS R/AT 8631/2, 1ST MAIN 12TH CROSS NEAR SHIVAPPA CIRCLE, K B EXTENSION VTC: K B EXTENSION PO: KASTURABA EXTENSION DAVANGERE- 577 002. …PETITIONER (BY SRI SHREERAJ S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY DAVANGERE WOMEN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) Cr.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME No.162/2025 REGISTERED BY THE DAVANAGERE WOMEN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10346 CRL.P No. 187 of 2026 SECTIONS 143 OF BNS 2023 AND SECTION 3,4,5 OF IMMORAL TRAFFIC PREVENTION ACT 1956. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.162/2025 of Davangere Woman police station for offences punishable under Section 143 of BNS and Sections 3, 4 and 5 of Immoral Traffic Prevention Act, 1956. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for the petitioner would contend that offences alleged against the petitioner are not punishable either with death or imprisonment for life. The investigation is over. The charge sheet has been filed and therefore, the petitioner is not required for custodial - 3 - HC-KAR NC: 2026:KHC:10346 CRL.P No. 187 of 2026 interrogation. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that offences alleged against the petitioner are punishable with imprisonment which may extend upto 07 years. There is seizure of Rs.1,000/- from the petitioner. The petitioner has taken house on rent and was running brothel in the same. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that the petitioner had taken house on rent and in the said house he was running brothel and raid being conducted in the said house. C.W.4 and C.W.5 - - 4 - HC-KAR NC: 2026:KHC:10346 CRL.P No. 187 of 2026 victims were found and C.W.7 was the customer. There is seizure of two condoms from C.W.5. The petitioner was found having cash of Rs.1,000/- and it has been seized. The investigation is over and charge sheet has been filed. The petitioner is in judicial custody since 04.12.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. Considering the above, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.1 is granted bail in Crime No.162/2025 of Davangere Woman police station subject to following conditions: - 5 - HC-KAR NC: 2026:KHC:10346 CRL.P No. 187 of 2026 a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdiction Court. b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused No.1 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 35 Ct.sm