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2026 DAILYLAW 28243 (KAR)

MR. SUREHSA H K v. STATE OF KARNATAKA BY

CRL.P/8853/2026 · 2026-07-15

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010417172026 NC: 2026:KHC:36255 CRL.P No. 8853 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8853 OF 2026 BETWEEN: MR. SUREHSA H.K S/O KRISHNAPPA AGED ABOUT 34 YEARS RESIDING AT NO.18, 4B CROSS MARUTHI NAGAR MADIWALA BANGALORE - 560 068. …PETITIONER (BY SRI SUNIL KUMAR H, ADV.) AND: STATE OF KARNATAKA BY MADIWALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DR. AMBEDKAR ROAD BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HSI ARREST IN CRIME NO.169/2026 DATED 18.05.2026 REGISTERED BY THE MADIVALA POLICE FOR THE OFFENCE P/US/ 115(1),118(1),62,64,74,351(1) R/W SEC.3(5) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010417172026 NC: 2026:KHC:36255 CRL.P No. 8853 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Crime No.169/2026 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Sections 115(1), 118(1), 62, 64, 74, 351(1) 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.169/2026 was registered by Madivala Police Station, Bengaluru City, for the aforesaid offences against one Hainas and others based on the first information dated 18.05.2026 received from the victim girl aged about 20 years. Apprehending arrest in the said case, petitioner who is arrayed as accused no.2 in the FIR, had approached the jurisdictional Sessions Court in Crl. Misc. No.5129/2026 which was dismissed on 18.06.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010417172026 NC: 2026:KHC:36255 CRL.P No. 8853 of 2026 4. Perusal of the detailed first information which is filed on 18.05.2026, in respect of the alleged incident that had taken place on 15.05.2026, would go to show that the allegation of inappropriately touching the victim girl and also having forcible sexual intercourse with her, etc., are all made as against accused no.1. So far as the petitioner is concerned, after the victim girl had approached the police on 15.05.2026 for lodging a complaint against accused no.1, petitioner who is the friend of accused no.1 who came there, allegedly had threatened the victim girl of dire consequences in the event she files any complaint against accused no.1. Therefore, the victim girl had agreed for compromise. It is also alleged that the petitioner and other unknown persons had beaten the friends of the victim girl who were supporting her. However, there is no allegation as against the petitioner about he molesting or having forcible sexual intercourse with the victim girl. Petitioner is a married man having no criminal antecedents. He has undertaken to co-operate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that - 4 - HC-KAR CNR: KAHC010417172026 NC: 2026:KHC:36255 CRL.P No. 8853 of 2026 petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 5. The 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.169/2026 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Sections 115(1), 118(1), 62, 64, 74, 351(1) read with 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. - 5 - HC-KAR CNR: KAHC010417172026 NC: 2026:KHC:36255 CRL.P No. 8853 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK