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2026 DAILYLAW 21895 (KAR)

MOHITH JAIN v. THE STATE OF KARNATAKA

CRL.P/6632/2026 · 2026-06-16

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29359 CRL.P No. 6632 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6632 OF 2026 BETWEEN: MOHITH JAIN S/O AJITH KUMAR JAIN AGED ABOUT 23 YEARS R/A NO.209, 3RD 'D' CROSS NEAR SHANBOAG HOSPITAL BASAVESHWARNAGARA BANGALORE - 560 079. …PETITIONER (BY SRI SARAVANA S, ADV.) AND: THE STATE OF KARNATAKA BY AMRUTHAHALLI POLICE STATION CHANDRA LAYOUT, BENGALURU - 560 040 REPT. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS BAIL PETITION, ENLARGING THE PETITIONERS ACCUSED NO.5 ON REGULAR BAIL IN CR.NO.78/2026 REGISTERED BY AMRUTHAHALLI P.S., FOR THE OFFENCES P/U/S 64,70(1),351(2) R/W 3(5) OF BNS, PENDING BEFORE THE HONBLE 41st ACJM, AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29359 CRL.P No. 6632 of 2026 ORAL ORDER 1. Accused no.5 in Crime No.78/2026 registered by Amruthahally Police Station, Bengaluru City, for the offences punishable under Sections 61, 64, 70(1), 351(2) read with 3(5) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.78/2026 was registered by Amruthahally Police Station, Bengaluru City, initially for the offences punishable under Sections 64, 70(1), 351(2) read with 3(5) of BNS, 2023, against Diksan Sandra and another based on the first information dated 22.02.2026 received from the victim girl aged 22 years. In the said case, petitioner herein was arrested on 28.02.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the accused persons for the alleged offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.2659/2026 was rejected on 21.04.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:29359 CRL.P No. 6632 of 2026 4. Material on record would go to show that in respect of the alleged incident that had taken place on 15.02.2026, first information was belatedly filed on 22.02.2026 by the victim lady in which she had named only two persons who are arrayed as accused nos.1 & 2 in the present case. During the course of investigation, petitioner was arrested on 28.02.2026 and in the charge sheet which is filed after completing investigation, he is now arrayed as accused no.5. 5. Perusal of the charge sheet would go to show that the allegation of committing assault on the victim girl is found only as against accused nos.1 & 2. So far as petitioner who is arrayed as accused no.5 in the charge sheet, the police have invoked the offence punishable under Section 61 read with 3(5) of BNS, 2023. Learned Counsel for the petitioner has submitted that petitioner has no other criminal antecedents. Even otherwise, considering the allegation found against the petitioner in the charge sheet which is now filed, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: - 4 - HC-KAR NC: 2026:KHC:29359 CRL.P No. 6632 of 2026 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.78/2026 registered by Amruthahally Police Station, Bengaluru City, for the offences punishable under Sections 61, 64, 70(1), 351(2) read with 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK