Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010713052025 NC: 2026:KHC:38079 CRL.P No. 15159 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15159 OF 2025 BETWEEN:
STATE OF KARNATAKA, BY YELAHANKA NEW TOWN POLICE STATION, BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …PETITIONER (BY SMT. RASHMI JADHAV, ASPP) AND:
SRI. ROKULA SANDEEP S/O ROKULA CHERALU AGED ABOUT 37 YEARS, RESIDING AT NO.2-8-109, WADDEPALLY, HANMAKONDA WADDEPALLY (RURAL), WARANGALA, ANDHRA PRADESH - 506 370. …RESPONDENT
THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO A. CANCEL/SET ASIDE THE
ORDER GRANTING BAIL TO RESPONDENT/ACCUSED VIDE
ORDER DATED 23.09.2024 PASSED BY THE LEARNED LII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRIMINAL MISCELLANEOUS NO.8562/2024.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010713052025 NC: 2026:KHC:38079 CRL.P No. 15159 of 2025
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. The State is before this Court in this petition filed under Section 483(3) of BNSS, 2023 read with Section 439(2) of Cr.P.C, with a prayer to set aside the order granting anticipatory bail to the respondent herein in Crime No.599 of 2023 registered by Yelahanka New Town Police Station, Bengaluru city, for offences punishable under Sections 506, 364A, 504 R/w Section 34 of IPC by the Court of LII Additional City Civil & Sessions Judge, Bengaluru vide order dated 23.09.2024 passed in Crl.Misc.No.8562 of 2024.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.599 of 2023 was registered by Yelahanka New Town Police Station, Bengaluru city for the aforesaid offences against the respondent and others, based on the first information dated 21.12.2023 received from Gonugoppalu Shekhar S/o Narasaiah, who is the alleged victim in the present case. Apprehending arrest in the case,
- 3 -
HC-KAR
CNR: KAHC010713052025 NC: 2026:KHC:38079 CRL.P No. 15159 of 2025
respondent had filed Crl.Misc.No.8562 of 2024 before the jurisdictional Sessions Court which was allowed by order dated 23.09.2024 subject to certain conditions. Assailing the said
order, the State is before this Court.
4. Learned Additional State Public Prosecutor submits that, respondent has not been appearing before the trial Court though he had executed bail bonds and also furnished surety in compliance of the conditions imposed in Crl.Misc.No.8562 of
2024. She however fairly submits that, petitioner has no other criminal antecedents and the trial Court has already issued non-bailable warrant against respondent - accused.
5. In the first information submitted by the alleged victim on 21.12.2023, it is stated that on 17.12.2023 at about 18.27 hours, accused persons had kidnapped the victim from Yelahanka and had taken him in a Wagon R car bearing registration No.TS-08-8898 and had forcibly taken from him an amount of ₹.3,00,000 and his Samsung mobile phone. They also had taken several signed cheques from him along with
- 4 -
HC-KAR
CNR: KAHC010713052025 NC: 2026:KHC:38079 CRL.P No. 15159 of 2025
certain agreements documents etc, and thereafter had released him on 18.12.2023 at Warangal.
6. In respect of the alleged incident that had taken place on the intervening night of 17.12.2023 and 18.12.2023, first information was belatedly filed on 21.12.2023 which is after a lapse of 3 days from the alleged date of incident. It is not in dispute that petitioner has no other criminal antecedents. All the accused who had kidnapped the victim are named in the FIR and therefore, it is apparent that the accused persons were acquainted to the victim.
7. Considering the aforesaid aspects of the matter, the learned Sessions Judge had rightly allowed Crl.Misc.No.8562 of 2024 vide order dated 23.09.2024. It is not in dispute that subsequently the respondent has complied condition no.2 found Crl.Misc.No.8562 of 2024 by executing personal bond and also furnishing surety to the like sum to the satisfaction of investigation officer.
8. Grievance of the State is that subsequently, he had not appeared before the trial Court on the regular dates of
- 5 -
HC-KAR
CNR: KAHC010713052025 NC: 2026:KHC:38079 CRL.P No. 15159 of 2025
hearing. It is brought to the notice of this Court that the Trial Court has already issued non-bailable warrant as against the respondent. Under the circumstances, I am of the opinion that this is not a fit case to be entertained by this Court.
9. Accordingly, petition is dismissed.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 42