Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 11552 (KAR)

SRI N RATHIK KUMAR v. THE STATE OF KARNATAKA

CRL.P/6484/2025 · 2026-02-12

Shivashankar Amarannavar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:8487 CRL.P No. 6484 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 6484 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI N RATHIK KUMAR S/O LATE NARAYANA MURTHY, AGED ABOUT 31 YEARS, R/AT NO.11, 2ND CROSS, SANJEEVA REDDY STREET, SUBBAYYANA PALYA, BANASWADI, BENGALURU - 560 043. 2. SRI SUMAN R P S/O LATE P K RAJAN, AGED ABOUT 28 YEARS, R/AT NO.4, GROUND FLOOR, 2ND CROSS, 3RD MAIN, BYRAVESHWARA LAYOUT, HENNUR BANDE, BENGALURU - 560 043. …PETITIONERS (BY SRI. K. RAMA SINGH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAMAMURTHY NAGAR POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, THE HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI.MOHD. AYUB ALI, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8487 CRL.P No. 6484 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL THE EVENT OF THEIR ARREST IN CRIME NO.569/2024 AND IN CC NO.55071/2024 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 397 READ WITH 34 OF IPC, PENDING BEFORE THE LEARNED XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, AT BENGALURU. 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 Nos.1 and 2 under Section 438 of Cr.PC praying to grant anticipatory bail in Crime No.569/2023 of Ramamurthy Nagar Police Station registered for offence punishable under Section 397 read with Section 34 IPC pending in CC No.55071/2024 on the file of the learned 11th Additional Chief Metropolitan Magistrate, Bengaluru. 2. Heard the learned counsel for petitioners and the learned Additional State Public Prosecutor for respondent/State. - 3 - HC-KAR NC: 2026:KHC:8487 CRL.P No. 6484 of 2025 3. The learned counsel for petitioners would contend that the petitioners came to be arrested in Crime No.556/2023 on 15.10.2023. At that time, the two- wheeler robbed by the petitioners was recovered. The petitioners were shown to the complainant, and the complainant is stated to have identified them. The petitioners have cooperated for the investigation. Now the investigation is over. Charge sheet has been filed, and therefore, petitioners are not required for custodial interrogation. The petitioners have been granted bail in Crime No.556/2023 and as now NBW has been issued against the petitioners in the present case, they apprehended their arrest. The petitioners have undertaken to appear before the Trial Court and abide by any conditions to be imposed by this court. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for respondent/State would contend that the petitioners put on fear the complainant, robbed his two - 4 - HC-KAR NC: 2026:KHC:8487 CRL.P No. 6484 of 2025 wheeler. The petitioners were arrested in another case, and at their instance, the two wheeler of the complainant has been recovered. The complainant has identified the petitioners as persons who robbed his two wheeler. The offence alleged against the petitioners is provided with sentence of imprisonment which may extend to seven years. With this, he prayed to reject the petition. 5. Heard the learned counsel, the Court has perused the charge sheet and other materials placed on the record. 6. As per the charge sheet, the case of the prosecution is that when CW1 was proceeding on his Honda Activa bearing Registration No. KA-50J-0318, at that time, the petitioners showed him a long chopper, snatched his two-wheeler, and took it away. The petitioners have been secured on 15.10.2023, and the said two wheeler of CW1 has been recovered. The petitioners - 5 - HC-KAR NC: 2026:KHC:8487 CRL.P No. 6484 of 2025 were shown to the complainant, and he has identified them as the persons who snatched his vehicle. 7. On 15.10.2023, when the petitioners were arrested in Crime No.556/2023, the two wheeler of CW1 has been recovered from the petitioners. The petitioners have been granted bail in Crime No.556/2023 on 27.09.2024 and 12.08.2024 respectively. Even though, the body warrant was pending against the petitioners in the present case, they have been released from custody. Now, the NBW has been issued against the petitioners, and therefore, they are apprehending the arrest. The investigation is over. There is a recovery of two wheeler of the complainant. As charge sheet is filed, the petitioners are not required for custodial interrogation. The petitioners have undertaken to appear before the Trial Court on all dates of hearing and cooperate for speedy trial. - 6 - HC-KAR NC: 2026:KHC:8487 CRL.P No. 6484 of 2025 8. Considering the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.569/2023 of Ramamurthy Nagar Police Station registered for offence punishable under Section 397 read with Section 34 IPC pending in CC No.55071/2024 on the file of the learned 11th Additional Chief Metropolitan Magistrate, Bengaluru subject to following conditions. a) The petitioners shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the jurisdictional Court. - 7 - HC-KAR NC: 2026:KHC:8487 CRL.P No. 6484 of 2025 b) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioners shall appear before the Trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. If the petitioners are found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 26