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2026 DAILYLAW 33545 (KAR)

PRABHU @ HITLER v. STATE OF KARNATAKA BY

CRL.P/12178/2026 · 2026-08-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010552902026 NC: 2026:KHC:44249 CRL.P No. 12178 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12178 OF 2026 (439(1)(b)(Cr.PC) / 483(1)(b)(BNSS)) BETWEEN: PRABHU @ HITLER, S/O KUMAR, AGED ABOUT 29 YEARS, R/AT NO.309, 1ST MAIN ROAD, 1ST CROSS, RAJENDRA NAGARA, ADUGODI, BENGALURU. …PETITIONER (BY SMT. SWATHI R BHAT, ADVOCATE FOR SMT. JAYANTHI R., ADVOCATE) AND: STATE OF KARNATAKA BY KORAMAGALA P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO MODIFY THE CONDITIONS IN THE ORDER PASSED Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010552902026 NC: 2026:KHC:44249 CRL.P No. 12178 of 2026 IN CRL.P.NO.8727/2026 ORDER DTD 28.07.2026 BY THE HONBLE COURT BY ALLOWING THIS PETITION AND ORDER TO PERMIT THE PETITIONER TO FURNISH CASH SURETY. 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 483(1)(b) of BNSS, 2023, is filed with a prayer to modify condition No.4(a) imposed by this Court in Criminal Petition No.8727/2026 allowed vide order dated 28.07.2026. 2. Heard the learned counsel appearing for the petitioner and learned HCGP appearing for the respondent- State. 3. Petitioner, who is arraigned as accused No.2 in S.C.No.926/2024 pending before the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.511/2017 registered by Koramangala Police - 3 - HC-KAR CNR: KAHC010552902026 NC: 2026:KHC:44249 CRL.P No. 12178 of 2026 Station, Bengaluru, for the offences punishable under Sections 143, 144, 145, 147, 148, 341, 323, 307, 120(B) read with Section 149 of IPC and Section 25(1B)(b) of Arms Act, 1959, had approached this Court in Criminal Petition No.8727/2026 seeking regular bail. The said petition was allowed by this Court on 28.07.2026 subject to certain conditions. 4. Condition No.4(a) imposed by this Court in Criminal Petition No.8727/2026 by order dated 28.07.2026 reads as follows: “a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;” Seeking modification of the said condition, the petitioner is before this Court. 5. Learned counsel appearing for the petitioner submits that except the present case, there is no other criminal - 4 - HC-KAR CNR: KAHC010552902026 NC: 2026:KHC:44249 CRL.P No. 12178 of 2026 antecedents against the petitioner and petitioner is not in a position to comply with condition No.4(a) imposed by this Court by furnishing two sureties. She submits that instead of furnishing two sureties, the petitioner is ready and willing to furnish cash surety of Rs.25,000/- and also shall execute the personal bond as directed. Accordingly, she prays to allow the petition. 6. Per contra, learned HCGP appearing for the respondent-State has not seriously opposed the prayer made by the petitioner. 7. Petitioner, who has been granted regular bail in Criminal Petition No.8727/2026 vide order dated 28.07.2026 has still remained in custody only for the reason that he is not in a position to comply with the impugned condition. 8. Considering the said aspect of the matter and also the submissions made on behalf of both the parties, I am - 5 - HC-KAR CNR: KAHC010552902026 NC: 2026:KHC:44249 CRL.P No. 12178 of 2026 of the opinion that the prayer made by the petitioner in this petition to modify the impugned condition, needs to be granted. Accordingly, the following order: ORDER (i) The criminal petition is allowed. (ii) Condition No.4(a) imposed by this Court in Criminal Petition No.8727/2026 vide order dated 28.07.2026 is modified and same shall read as follows: “(a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and shall also furnish cash surety of Rs.25,000/- to the satisfaction of the jurisdictional Court;” (iii) All other conditions imposed in Criminal Petition No.8727/2026 vide order dated 28.07.2026 shall remain unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE DM List No.: 1 Sl No.: 8