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2026 DAILYLAW 35342 (KAR)

RISHIKESH MADHUKAR KALE v. STATE OF KARNATAKA BY

CRL.P/10228/2026 · 2026-08-17

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010470602026 NC: 2026:KHC:44158 CRL.P No. 10228 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10228 OF 2026 BETWEEN: RISHIKESH MADHUKAR KALE S/O MADHUKAR KALE AGED ABOUT 29 YEARS R/AT NO 3, PADMINI SOCIETY GANDHARAVANAGARI, NASIK ROAD MAHARASHTRA STATE - 412 105. …PETITIONER (BY SRI H.V. PRAVEEN GOWDA, ADV.) AND: STATE OF KARNATAKA BY KODIGEHALLI POLICE STATION BENGALURU CITY 560092 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 009. …RESPONDENT (BY SRI R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.428/2025 OF KODIGEHALLI POLICE STATION FOR THE OFFENCES P/U/S 331(3), 331(4) AND 305(A) OF THE BNS, PENDING ON THE FILE OF THE HONBLE VII ACJM, BENGALURU, AND GRANT SUCH OTHER RELIEFS AS THIS HONBEL COURT DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010470602026 NC: 2026:KHC:44158 CRL.P No. 10228 of 2026 ORAL ORDER 1. Accused No.1 in S.C.No.567 of 2026 pending before the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.428 of 2025 registered by Kodigehalli Police Station, Bengaluru City for offences punishable under Sections 305(a), 331(3), 111(2)(b) r/w Section 3(5) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.428 of 2025 registered by Kodigehalli Police Station, Bengaluru City initially for the offence punishable under Sections 305(a), 331(3) & 331(4) of BNS, 2023 against unknown person, based on the first information dated 23.11.2025 received from Sri Padmanabha L, who is the alleged victim in the present case. During the course of investigation of the case, petitioner was arrested on 04.12.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against 3 persons and petitioner is arraigned as accused no.1 in the charge sheet. His - 3 - HC-KAR CNR: KAHC010470602026 NC: 2026:KHC:44158 CRL.P No. 10228 of 2026 bail application filed before the Trial Court in Crl.Misc.No.4313 of 2026, was rejected on 22.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is a student and he has been falsely implicated in the present case. He submits that, accused nos.2 and 3 are absconding and therefore, the chances of commencement of trial in the near soon is very remote. He also submits that, in two out of the five criminal cases registered against the petitioner in Maharashtra, the police after investigation have filed 'A' summary report and since investigation is already completed, the petitioner's custody is no more required. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that, the petitioner who hails from Maharashtra is involved in committing similar offences in the said State. Insofar as the present case is concerned the movement of accused near the house of the first informant is recorded in the CCTV footage. After the petitioner was arrested - 4 - HC-KAR CNR: KAHC010470602026 NC: 2026:KHC:44158 CRL.P No. 10228 of 2026 portion of stolen articles have been recovered in the present case. Accused nos.2 and 3 are yet to be arrested. Accordingly, he prays to dismiss the petition. 6. In the first information dated 23.11.2025 it is stated that, the victim along with his family had locked his house on 22.11.2025 and had gone to his native place. On the next day, when he returned he found that door lock of his house was broken. When he went inside the house, he also found that gold jewelry, silver jewelry, diamond nose ring, earring and bracelet etc., were missing from his house. It is under these circumstances, FIR was registered against unknown persons. During the course of investigation, it was found that in a CCTV camera of the nearby house, movement of accused nos.1 to 3 near the house of victim on the alleged date of incident was recorded. It is under these circumstances, accused no.1 was arrested on 04.12.2025 and at his instance, portion of gold articles which were stolen from the house of the first informant and pledged with CW6-Nithin Govind were recovered. The petitioner is member of a organized crime syndicate and is a person with criminal antecedents. He has as - 5 - HC-KAR CNR: KAHC010470602026 NC: 2026:KHC:44158 CRL.P No. 10228 of 2026 many as five cases of similar nature registered against him in the State of Maharashtra. 7. Considering the antecedents of the petitioner and the evidence collected against him by the investigation officer in the present case, I am of the opinion that, at this stage, his prayer for grant of regular bail cannot be considered. Accused nos.2 and 3 are yet to be traced. As rightly pointed out by the learned HCGP in the event, the petitioner is enlarged on bail, the chances of he indulging in similar offences cannot be ruled out. Under these circumstances, criminal petition is dismissed. SD/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 48