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2026 DAILYLAW 31222 (KAR)

SRI PRATHAPA R M v. STATE OF KARNATAKA

CRL.P/9380/2026 · 2026-07-27

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010441172026 NC: 2026:KHC:38840 CRL.P No. 9380 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9380 OF 2026 BETWEEN: 1. SRI PRATHAPA R.M AGED ABOUT 36 YEARS S/O MAHALINGAIAH R/AT RAJATHADRIPURA VILLAGE KIBBANAHALLI HOBLI, TIPTUR TALIK TUMAKURU - 572 114. 2. SRI SIDDESH G.D. AGED ABOUT 32 YEARS S/O. DAKSHINAMURTHY G.S R/AT NO. 109, KAMAGONDANAHALLI KIBBANAHALLI POST, TIPTUR RURAL TUMAKURU - 572 201. 3. SRI YUVRAJ S AGED ABOUT 36 YEARS S/O. SOMASHEKHARAIAH R/AT KUNDARANAHALLI GATE NITTURU HOBLI, GUBBI TALUK ADALAGERE, NITTUR TUMAKURU - 572 223. 4. SRI PURUSHOTHAMA K AGED ABOUT 41 YEARS S/O KYATAIAH, R/AT KEMPARAYANAHATTI THEERTHAPURA POST, KANDIKERE HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKURU - 572 228. …PETITIONERS (BY SRI VIKAS NAGAIAH C, ADV.) AND: STATE OF KARNATAKA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010441172026 NC: 2026:KHC:38840 CRL.P No. 9380 of 2026 BY STATION HOUSE OFFICER GUBBI POLICE STATION GUBBI CIRCLE, TUMAKURU REPRESENTED BY LEARNED PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 16.06.2026 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU REJECTING THE PETITION IN CRL.MISC.NO.816/2026 FILED BY THE PETITIONERS U/S 482 OF BNS AND TO ALLOW THE ABOVE PETITION BY ENLARGING THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN RELATION TO FIR OF CR.NO.178/2026 REGISTERED BY THE RESPONDENT IN GUBBI P.S., FOR THE OFFENCES P/U/S 318(1),318(3),318(2),318(4),322,324(1),336(3),324(4),336(2),324( 2),336(1),335,336(4),340 R/W 3(5) OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 to 4 in Crime No.178/2026 registered by Gubbi Police Station, Tumakuru, for the offences punishable under Sections 318(1), 318(3), 318(2), 318(4), 322, 324(1), 336(3), 324(4), 336(2), 324(2), 336(1), 335, 336(4), 340 and 3(5) of BNS, 2023, are 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 - HC-KAR CNR: KAHC010441172026 NC: 2026:KHC:38840 CRL.P No. 9380 of 2026 3. FIR in Crime No.178/2026 was registered by Gubbi Police Station, Tumakuru, for the aforesaid offences against the petitioners herein based on the first information dated 14.05.2026 received from Smt. Kanchana, daughter of Lalihesha. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.816/2026 before the jurisdictional Sessions Court, which was rejected on 16.06.2026. Therefore, he is before this Court. 4. A reading of the first information would go to show that allegation against accused No.1 is that he had created documents to show as if his marriage was performed with the first informant, misused the same and thereby cheated her. 5. Learned counsel for the petitioners has produced copy of the marriage invitation card between the accused No.1 and first informant and also the marriage certificate of accused No.1 and first informant. He has also produced several photographs in which accused No.1 and first informant are found together. Prior to the first informant filing a private complaint in the present case, which was referred for investigation to the jurisdictional police, it appears that a legal notice was issued to accused No.1 on behalf of the first informant and said notice was also replied by accused No.1, through his advocate. It is only after the exchange of legal notices between - 4 - HC-KAR CNR: KAHC010441172026 NC: 2026:KHC:38840 CRL.P No. 9380 of 2026 the parties, a private complaint was filed, which has resulted in registering a FIR in Crime No.178/2026. Considering the nature of allegations found in the first information and the documents made available to this Court, I am of the view that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.178/2026 registered by Gubbi Police Station, Tumakuru, for the offences punishable under Sections 318(1), 318(3), 318(2), 318(4), 322, 324(1), 336(3), 324(4), 336(2), 324(2), 336(1), 335, 336(4), 340 and 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - HC-KAR CNR: KAHC010441172026 NC: 2026:KHC:38840 CRL.P No. 9380 of 2026 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 115