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2026 DAILYLAW 27310 (KAR)

SRI KEMPARAJU A C v. STATE OF KARNATAKA

CRL.P/6757/2026 · 2026-07-09

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34642 CRL.P No. 6757 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6757 OF 2026 BETWEEN: SRI KEMPARAJU A. C. S/O. CHIKKANNA AGED ABOUT 39 YEARS RESIDING AT:AYYANAPALYA MYDALA POST, URDIGERE HOBLI TUMAKURU-572140. …PETITIONER (BY SRI. ALLAH BAKASH M., ADVOCATE) AND: STATE OF KARNATAKA BY MADHUGIRI POLICE STATION MADHUGIRI CIRCLE TUMAKURU-572132. REP. BY AGA OF HIGH COURT KARNATAKA. …RESPONDENT (BY SMT RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.1) ON REGULAR BAIL IN FIR CRIME NO.37/2026 PASSED BY THE PRL.SENIOR CIVIL JUDGE AND C.J.M AT MADHUGIRI TUMKUR FOR THE OFFENCE P/U/S 64, 74, 84, 351(2), 352 OF BNSS AND SET ASIDE THE IMPUGNED ORDER PASSED IN CRL.MISC.NO.5090/2026 IN CRIME NO.37/2026 BY THE 4TH ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI FOR THE OFFENCE P/U/S 64, 74, 84, 351(2), 352 OF BNSS ACT BY ITS IMPUGNED ORDER DATED 24.03.2026 AND ETC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34642 CRL.P No. 6757 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.5028/2026 pending before the Court of IV Additional District and Sessions Judge, Tumakuru, Sitting at Madhugiri, arising out of Crime No.37/2026 registered by Madhugiri Police Station, Tumakuru for offences punishable under Sections 64, 74, 84, 351(2), 352 of The Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned Additional Special Public Prosecutor for the respondent- State. 3. FIR in the present case was registered by Madhugiri Police Station, Tumakuru for the aforesaid offences against the petitioner herein based on the first information dated 02.03.2026 received from the victim lady, aged 43 years. In the said case, the petitioner was arrested on 03.03.2026 and remanded to judicial custody. - 3 - HC-KAR NC: 2026:KHC:34642 CRL.P No. 6757 of 2026 4. The bail application filed by the petitioner before the Trial Court in Crl.Misc.No.5090/2026 was rejected on 24.03.2026. Therefore, the petitioner is before this Court. 5. Perusal of the first information submitted by the victim on 02.03.2026 would go to show that she had lost her husband about 8 years prior to the date of the first information and she was living with her minor son. She got acquainted with the petitioner in the year 2020 and it is alleged that with a promise to marry her, the petitioner allegedly had consensual sexual intercourse with her and the petitioner had borrowed nearly a sum of Rs.6 lakhs from her on various dates, but had not repaid the same to her. On 25.02.2026, when she demanded repayment of the amount, he allegedly abused her using filthy language and asked her to send her daughter to him. Thereafter, he also criminally intimidated her and assaulted her. It is under these circumstances, she had approached Police on 02.03.2026. 6. Learned counsel for the petitioner has submitted that the petitioner is a married man having children. The relationship between the petitioner and the alleged victim - 4 - HC-KAR NC: 2026:KHC:34642 CRL.P No. 6757 of 2026 appears to be consensual. Only after a dispute arose between them in the background of alleged monetary transaction, she had approached the Police. Investigation of the case is already completed and charge sheet has been filed. It is not in dispute that the petitioner has no other criminal antecedents. 7. Considering the relationship between the parties for a considerable period of time, I am of the opinion that the prayer made by the petitioner for grant of regular bail has to be answered in the affirmative. 8. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Special S.C.No.5028/2026 pending before the Court of IV Additional District and Sessions Judge, Tumakuru, Sitting at Madhugiri, arising out of Crime No.37/2026 registered by Madhugiri Police Station, Tumakuru for offences punishable under Sections 64, 74, 84, 351(2), 352 The Bharatiya Nyaya Sanhita, 2023 (for short '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 - 5 - HC-KAR NC: 2026:KHC:34642 CRL.P No. 6757 of 2026 the likesum, to the satisfaction of the jurisdictional Court; b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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 GVP List No.: 1 Sl No.: 50