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2026 DAILYLAW 27350 (KAR)

MAHADEVA PRASAD v. STATE OF KARNATAKA,

CRL.P/9885/2026 · 2026-07-09

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34793 CRL.P No. 9885 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. 9885 OF 2026 BETWEEN: MAHADEVA PRASAD S/O SHIVAPPA SWAMY AGED ABOUT 36 YEARS R/AT HEBBASURU VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA - 571 342. …PETITIONER (BY SRI RAGHU H, ADV.) AND: STATE OF KARNATAKA THROUGH CHAMARAJA NAGAR EAST P.S., BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS MEMORANDUM OF CRIMINAL PETITION AND BE PLEASED TO DIRECT THE RESPONDENT CHAMARAJANAGARA POLICE STATION, THAT TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.83/2026 DATED 02.06.2026 FOR OFFENCE P/U/S 329(4),75,76,78 OF BNS ON THE FILE OF THE ADDL CIVIL JUDGE AND JMFC CHAMARAJANAGARA. 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:34793 CRL.P No. 9885 of 2026 ORAL ORDER 1. Accused in Crime No.83 of 2026 registered by Chamarajanagara East Police Station for the offence punishable under Sections 329(4), 75, 76 & 78 of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP appear on behalf of the respondent - State. 3. FIR in Crime No.83 of 2026 registered by Chamarajanagara East Police Station for the offence punishable under Section BNS, 2023 against the petitioner, based on the first information dated 02.06.2026 received from the victim lady, aged 40 years. In the said case petitioner was arrested on 02.06.2026 and remanded to judicial custody. His regular bail application filed before the jurisdictional Sessions Court in Crime No.233 of 2026 was rejected on 17.06.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:34793 CRL.P No. 9885 of 2026 4. In the first information which is submitted by the alleged victim, she has stated that she is residing along with her family members and has been running a hotel in their village. Petitioner who hails from the same village used to visit her hotel. During the last six months when her husband was not with her he used to misbehave with her. Subsequently, victim lady allegedly had informed her husband and thereafter panchayat was held in the local Mutt and petitioner was allegedly advised. Subsequently, on 01.06.2026 at about 10.30 p.m. when she was inside her house, petitioner who came inside allegedly caught hold of her and sought sexual favours. When the victim started shouting, her husband and two others came there and thereafter petitioner allegedly ran away from the house. 5. Petitioner is in custody in the present case for the last more than one month. The alleged offences are not punishable with death or life imprisonment. Considering the nature of allegation found in the first information and also taking into consideration that the petitioner is in custody for the last more than one month, I am of the opinion that the prayer - 4 - HC-KAR NC: 2026:KHC:34793 CRL.P No. 9885 of 2026 made by the petitioner for grant of regular bail is need to be answered affirmatively without expressing any opinion on the merits and demerits of the case. 6. Accordingly, the following:- ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.83 of 2026 registered by Chamarajanagara East Police Station for the offence punishable under Sections 329(4), 75, 76 & 78 of BNS, 2023 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. - 5 - HC-KAR NC: 2026:KHC:34793 CRL.P No. 9885 of 2026 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 28