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2026 DAILYLAW 33038 (KAR)

KAMKAL DHAMI @ DHAMI v. STATE OF KARNATAKA

CRL.P/8527/2026 · 2026-08-11

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010403852026 NC: 2026:KHC:42411 CRL.P No. 8527 of 2026 C/W CRL.P No. 6935 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8527 OF 2026 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 6935 OF 2026 IN CRL.P No. 8527/2026 BETWEEN: KAMKAL DHAMI @ DHAMI S/O MANU DHAMI AGED ABOUT 30 YEARS, NO.349, 8TH MAIN, VIJAYA BANK LAYOUT, BILEKAHALLI, DEVARACHIKKANAHALLI, BENGALURU-560076 PERMANENT ADDRESS SALLAKAL VILLAGE, CHINAPUR POST, BAJANGA DISTRICT, NEPAL …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA., ADVOCATE) AND: 1. STATE OF KARNATAKA STATE BY H.S.R.LAYOUT P.S. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010403852026 NC: 2026:KHC:42411 CRL.P No. 8527 of 2026 C/W CRL.P No. 6935 of 2026 RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE- 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.175/2022 OF HSR LAYOUT P.S. NOW IN S.C.NO.2121/2022 PENDING BEFORE HONBLE LXIV ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU FOR THE OFFENCE P/U/S 302,396,449,120(B) R/W 35 OF IPC AND ETC., IN CRL.P NO. 6935/2026 BETWEEN: KADHAK BAHADHUR SINGHAS @ KAHAK SINGHA S/O. SHER BAHADUR SINGH AGED ABOUT 40 YEARS, R/ANO.2342, 16TH CROSS, 27TH MAIN, 2ND SECTOR, HSR LAYOUT, BENGALURU ACCUSED NO-6 (AT PRESENT IN JUDICIAL CUSTODY ...PETITIONER (BY SRI. KARTHIK M., ADVOCATE) AND: STATE BY HSR LAYOUT POLICE STATION - 3 - HC-KAR CNR: KAHC010403852026 NC: 2026:KHC:42411 CRL.P No. 8527 of 2026 C/W CRL.P No. 6935 of 2026 REP. BY HCGP, H.C.K. BANGALORE-09. ...RESPONDENT (BY SRI.VINAY MAHADEVAIAH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.175/2022 FOR THE OFFENCE P/U/S 302,397,449,120(B) R/W 34 OF IPC NOW CASE PENDING BEFORE THE HONBLE LXIV ADDL.CITY CIVIL AND SESSIONS JUDGE, CCH-65 AT BENGALURU AND ETC., THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned counsel appearing for the parties after arguing the matter for sometime, submits that though the petitioners are in custody from 18.08.2022, there is no progress in the trial and as on the date only two charge sheet witnesses are examined. - 4 - HC-KAR CNR: KAHC010403852026 NC: 2026:KHC:42411 CRL.P No. 8527 of 2026 C/W CRL.P No. 6935 of 2026 2. Per contra, learned High Court Government Pleader submits that the trial in the case has commenced only in the year 2025 and the witnesses who were examined before the trial court on behalf of the prosecution, were not cross-examined diligently by the accused and therefore there is a delay in examining the witnesses. He submits that material charge sheet witnesses including CWs.2 to 10 are yet to be examined. In the event accused persons who are from Nepal are enlarged on bail, they are likely to flee away from justice. 3. Learned counsel for the petitioners submits that petitions may be dismissed as not pressed with liberty to the petitioners to renew their application before the trial court after examination of the material charge sheet witnesses i.e., CWs.2 to 10. 4. Submission of the learned counsel for the petitioners is placed on record. - 5 - HC-KAR CNR: KAHC010403852026 NC: 2026:KHC:42411 CRL.P No. 8527 of 2026 C/W CRL.P No. 6935 of 2026 5. Learned High Court Government Pleader submits that within a period of one year from the date of receipt of copy of this order, CW2 to CW10 will be examined before the trial court. 6. Submission of the learned High Court Government Pleader is placed on record. 7. Petitions are dismissed as not pressed with liberty as prayed for. 8. Petitioners are granted liberty to renew their bail application before the Sessions Court after examination of CWs.2 to 10 is completed or after expiry of one year period from the date of receipt of copy of this order, whichever is earlier. Sd/- (S VISHWAJITH SHETTY) JUDGE KLY List No.: 1 Sl No.: 45