- 1 - HC-KAR NC: 2026:KHC:24796 CRL.P No. 2038 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION NO. 2038 OF 2026 BETWEEN: SHIVARAJU K N S/O NINGAIAH AGED ABOUT 32 YEARS, CURRENTLY RESIDING AT NO.32, 1ST FLOOR, 5TH CROSS, VIDYAMANANAGAR BENGALURU - 560 091 NATIVE AT KARLAHATTI VILLAGE, BISAGURU POST, KUDUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT …PETITIONER (BY SRI. HARISH PRABHU S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PEENYA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24796 CRL.P No. 2038 of 2026 2. SMT. AMRUTHA C.J. D/O LATE JAYARAM AGED ABOUT 31 YEARS, RESIDING AT GRUHA LAKSHMI LAYOUT, GANGONDANAHALLI MAIN ROAD, BENGALURU …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI. S.G. LOKESH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.1044/2025 (CR.NO.268/2024) REGISTERED BY PEENYA P.S. BENGALURU FOR THE OFFENCE P/U/S 376(2)(n),323,504,506,420 OF IPC PENDING BEFORE THE HONBLE PRL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER This criminal petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short “BNSS”) by the petitioner/accused seeking grant of bail in Crime No.268/2024 dated 28.05.2024 registered by Peenya Police - 3 - HC-KAR NC: 2026:KHC:24796 CRL.P No. 2038 of 2026 Station, Bengaluru City, for the offences punishable under Sections 376, 323, 324, 420, 504 and 506 of the Indian Penal Code, 1860, (for short “IPC”) pending on the file of the LIII Additional City Civil and Sessions Judge, Bengaluru, in S.C. No.1044/2025. 2. The accused was granted bail by order dated 19.06.2024 passed in Crl.Mis.No.5072/2024. Subsequently, an application came to be filed seeking cancellation of bail on the allegation of violation of the bail conditions. The Trial Court has taken note of certain material in the nature of photographs allegedly posted by the victim on social media depicting injuries, as also photographs showing the accused attending a marriage ceremony along with the charge-sheeted witnesses. 3. On the basis of the aforesaid material, an inference has been drawn that the injuries suffered by the victim were on account of pressure allegedly exerted by the petitioner to compel settlement of the case. It is further observed that the accused attending a marriage ceremony along with the charge- sheeted witnesses was with an intention to win over the witnesses. - 4 - HC-KAR NC: 2026:KHC:24796 CRL.P No. 2038 of 2026 4. This Court finds no justification for the aforesaid observations. There is no specific material or instance placed on record demonstrating violation of any of the bail conditions earlier imposed. The reasoning assigned by the Trial Court is largely hypothetical and based on presumptions and surmises. 5. In light of the above discussion, this Court proceeds to pass the following: ORDER i. The criminal petition is allowed; ii. The petitioner is ordered to be enlarged on bail in Crime No.268/2024 dated 28.05.2024 registered by Peenya Police Station, Bengaluru City, for the offences punishable under Sections 376, 323, 324, 420, 504 and 506 of IPC, subject to the following conditions: (a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court; (b) The petitioner shall appear regularly before the Trial Court on all dates of hearing; - 5 - HC-KAR NC: 2026:KHC:24796 CRL.P No. 2038 of 2026 (c) The petitioner shall not, either directly or indirectly, threaten, or tamper with the prosecution witnesses; (d) The petitioner shall not involve himself in any offence in future. Sd/- (K. V. ARAVIND) JUDGE HDK List No.: 1 Sl No.: 72