COL K TARUN BHRAGUWAR SM (RETD) v. STATE OF KARNATAKA
CRL.P/6618/2026 · 2026-08-03
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32527 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32527 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010303152026 NC: 2026:KHC:40432 CRL.P No. 6618 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6618 OF 2026 (439(1)(b)(Cr.PC) / 483(1)(b)(BNSS)) BETWEEN:
COL. K. TARUN BHRAGUWAR SM (RETD.) AGED ABOUT 48 YEARS S/O COL (LATE) K. DIGAMBER SINGH R/AT VILLA NO. 21, KUMARI OAKVILLE ITTANAGAR VILLAGE, SARJAPUR SARJAPUR ROAD, BENGALURU-562125 KARNATAKA. …PETITIONER
(BY SRI HARSHA SWAROOP P., ADVOCATE FOR SRI ADITHYA KARTHIK K., ADVOCATE)
AND:
STATE OF KARNATAKA REPRESENTED BY SARJAPURA POLICE STATION THROUGH THE SPECIAL INVESTIGATION TEAM (SIT) AT ANEKAL BENGALURU RURAL DISTRICT. …RESPONDENT
(BY SRI RANGASWAMY R., HCGP)
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR
CNR: KAHC010303152026 NC: 2026:KHC:40432 CRL.P No. 6618 of 2026
THIS CRL.P IS FILED U/S 483 BNSS READ WITH ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING THAT TO SET ASIDE THE IMPUGNED ORDER IN CRL.MISC.NO.5114/2026 DTD 06.03.2026 PASSED BY THE HON’BLE III ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT (SIT AT ANEKAL) AND ETC.,
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. This petition under Section 439(1)(b) of Cr.P.C. read with Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) is filed with a prayer to modify or relax conditions imposed by the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sit at Anekal in Crl.Misc.No.5044/2026 disposed of on 29.01.2026.
2. Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent-State.
3. FIR in Crime No.13/2026 was registered by the Sarjapura Police Station for the offences punishable under Sections 85 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short,
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HC-KAR
CNR: KAHC010303152026 NC: 2026:KHC:40432 CRL.P No. 6618 of 2026
'BNS, 2023') against the petitioner herein based on the first information received from his wife. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5044/2026 before the jurisdictional Sessions Court, which was allowed on 29.01.2026 subject to certain conditions. One of the conditions
directed the petitioner to execute a Personal Bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Magistrate. Seeking relaxation/modification of the said condition, the petitioner had filed Crl.Misc.No.5114/2026, which was dismissed by the jurisdictional Sessions Court on 06.03.2026. Therefore, he is before this Court.
4.
Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that the petitioner is a retired Military Servant. Since he is from Delhi, he is facing problem in providing two sureties along with the Personal Bond as
directed by the jurisdictional Sessions Court in Crl.Misc.No.5044/2026. He submits that the petitioner is ready and willing to deposit cash security of Rs.50,000/- before the Court of the learned Magistrate.
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HC-KAR
CNR: KAHC010303152026 NC: 2026:KHC:40432 CRL.P No. 6618 of 2026
5. Per contra, learned HCGP does not seriously oppose the prayer made by petitioner.
6.
Submissions are placed on the record.
7. The petitioner is a retired Military Servant, who originally hails from Delhi. After his retirement, he has now settled in Bengaluru. Considering the nature of the allegations found against the petitioner in the first information and also the
submissions made on his behalf, I am of the opinion that it is necessary to modify the condition imposed in Crl.Misc.No.5044/2026 insofar as it directs the petitioner to furnish two sureties for the like sum of Rs.2,00,000/- to the satisfaction of the jurisdictional Magistrate. Accordingly, the following order:
ORDER a) Criminal petition is allowed. b) Impugned condition in Crl.Misc.No.5044/2026 shall read as follows:
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HC-KAR
CNR: KAHC010303152026 NC: 2026:KHC:40432 CRL.P No. 6618 of 2026
“Petitioner is directed to execute a Personal Bond for Rs.2,00,000/- and also deposit cash security of Rs.50,000/- before the Court of jurisdictional Magistrate.” c) All other conditions imposed by the learned Sessions Judge in Crl.Misc.No.5044/2026, disposed of on 29.01.2026 shall remain unaltered.
Sd/- (S VISHWAJITH SHETTY) JUDGE
HA List No.: 1 Sl No.: 22