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2026 DAILYLAW 17289 (KAR)

VICKY @ S VIGNESH v. STATE OF KARNATAKA

CRL.P/3740/2026 · 2026-04-22

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21754 CRL.P No. 3740 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3740 OF 2026 (438(Cr.PC)/482(BNSS)) BETWEEN: VICKY @ S VIGNESH AGED ABOUT 29 YEARS, S/O.SRI SHIVARAJ R, R/AT: NO.A/7, NEW MODEL HOUSE, COROMANDEL POST, KOLAR GOLD FIELDS - 563 118. …PETITIONER (BY SRI. PATTABI RAMAN .C., ADVOCATE) AND: STATE OF KARNATAKA BY BEML NAGAR POLICE STATION, KOLAR GOLD FIELDS - 563 115. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENT (BY Ms. ASMA KOUSER., ADDL. SPP) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21754 CRL.P No. 3740 of 2026 THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN EVENT OF ARREST IN CRIME.NO.9/2026, PENDING ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND JMFC COURT AT KGF, KOLAR DISTRICT, FOR AN OFFENCE PUNISHABLE UNDER SECTION.132 R/W SECTION.3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023, REGISTERED BY BEML POLICE STATION, KGF. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner/accused No.1 is before this Court seeking anticipatory bail in Crime No.9/2026 of respondent- Police for the offence under Section 132 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). Brief facts of the case: 2. The case of the prosecution is that on 17.02.2026 around 11.30 p.m., the complainant and his staffs while on patrolling duty, checking the vehicles which were plying on the road. At that time, one car bearing registration No.KA-04-MK- - 3 - HC-KAR NC: 2026:KHC:21754 CRL.P No. 3740 of 2026 8944 was coming from the side of School of Mines, and the person who was driving the said car started shouting on the complainant as to why they were checking the vehicles. When the complainant stated that he was discharging his official duty, the complainant was deterred in discharging his official duty. The complainant immediately informed the said incident to his higher officials through wireless message. The Asst. Substantial evidence-Inspector of Police of BEML Nagar Police Station came to the spot. On seeing the other police officials, the driver of the car has fled away from the spot. The ASI and other staff caught hold of accused Nos.2 to 5 and took them to the police station and produced before the Station House Officer along with the car and lodged a complaint. Based on the said complaint, the respondent-Police have registered the case and the investigation is under progress. 3. Heard Sri. Pattabi Raman C., learned counsel for the petitioner and Ms. Asma Kouser, learned Additional State Public Prosecutor for respondent -State. 4. It is the submission of learned counsel for the petitioner that, the petitioner is innocent of the alleged offence - 4 - HC-KAR NC: 2026:KHC:21754 CRL.P No. 3740 of 2026 and he has been falsely implicated in the said case. The petitioner has not obstructed the duty of the Police officials. In fact, on the said day, he had been to hospital to get his father discharged. 5. It is further submitted that the petitioner is aged about 29 years and a permanent resident of KGF. There are no criminal antecedents against him. The petitioner will abide by the conditions imposed by this Court in the event of his release on anticipatory bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned Additional State Public Prosecutor for respondent-State vehemently submitted that, the petitioner and others with a deliberate intention to obstruct the government officials' duties, threatened them and tried to assault them when they were on patrolling duty at about 11.30 p.m., on the Bethaniyal Church Road. The manner in which they have threatened the police officials would indicate that they are not the law abiding citizens. If they are released on bail, a wrong message would go to the society. Hence, it is - 5 - HC-KAR NC: 2026:KHC:21754 CRL.P No. 3740 of 2026 not appropriate to consider the petition. Making such submissions, learned Addl. SPP prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears that the petitioner and others were coming in their car bearing registration No.KA-04-MK-8944 in front of Bethaniyal Church. At that time, the complainant and his team were on patrolling duty and they were checking the vehicle in order to take preventive steps/measures. It is alleged that at that time, the petitioner and others had obstructed their duty and started shouting at them. When the complainant informed the ASI, BEML Police Station through wireless, immediately, other police officials rushed to the spot. On seeing the said vehicle, accused No.1 escaped from the spot. However, the complainant has received an information regarding the details of the petitioner on the basis of the voluntary statement of the co-accused. 8. Having considered the nature, gravity and also other circumstances of the offences, I am of the considered - 6 - HC-KAR NC: 2026:KHC:21754 CRL.P No. 3740 of 2026 opinion that the petitioner has not made out a case to have the relief. 9. Hence, I proceed to pass the following: ORDER (i) The petition stands rejected. (ii) Liberty is reserved to the learned counsel for the petitioner to make necessary application before the trial Court. If the petitioner surrenders himself, his bail application may be considered on the same day. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 11