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2026 DAILYLAW 35933 (KAR)

B.H.RAJANNA v. STATE OF KARNATAKA

CRL.P/10532/2026 · 2026-08-17

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010485742026 NC: 2026:KHC:44044 CRL.P No. 10532 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. 10532 OF 2026 BETWEEN: 1. B.H. RAJANNA S/O. B.H. HONNAIAH AGED ABOUT 58 YEARS R/AT BISINALE VILLAGE AMRUTHURU HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT TUMAKURU - 572 111. 2. CHANNAPPA B.N S/O. NANJUNDAIAH AGED ABOUT 48 YEARS RESIDING AT NO.86 7TH CROSS, MADDURAMMA LAYOUT SRIGANDADA KAVAL, SUNKADAKATTE BENGALURU - 560 091. 3. HEMANTH KUMAR B.R S/O. RAMANA B.C. AGED ABOUT 40 YEARS R/AT BISMELE VILLAGE AMRUTHURU HOBLI TUMAKURU DISTRICT KUNIGAL TALUK, TUMAKURU-572111 ALSO AT NO.154/5, 2ND MAIN, 12TH CROSS, BANDI REDDY CIRCLE, SRIRAMPURAM, BENGALURU - 560 021. 4. CHETHAN KUMAR R. S/O. RAMANA B.C. AGED ABOUT 35 YEARS R/AT BISMELE VILLAGE AMRUTHURU HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT TUMAKURU - 572 111. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010485742026 NC: 2026:KHC:44044 CRL.P No. 10532 of 2026 …PETITIONERS (BY SRI HARSHA D JOSHI, ADV.) AND: STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, BENGALURU-560097 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS/ ACCUSED ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.234/2026 REGISTERED BY THE VIDYARANYAPURA POLICE STATION, PENDING ON THE FILE OF THE CJM, AT BENGALURU FOR THE ALLEGED OFFENCES P/U/S 140(1), 127(2), 351(2), 352 R/W 3(5) OF THE 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. The petitioners who are apprehending arrest in Crime No.234 of 2026 registered by Vidyaranyapura Police Station, Bengaluru City for offences punishable under Sections 140(1), 127(2), 351(2), 352 read with Section 3(5) of BNS, 2023 are before this Court in this petition filed under Section 482 of BNS, 2023 seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010485742026 NC: 2026:KHC:44044 CRL.P No. 10532 of 2026 2. Heard the learned counsel for the parties. 3. Based on the first information submitted by Smt. Lakshmi Gowda B.K daughter of Kempe Gowda B C, who is the alleged victim in the present case, a missing complaint was registered in Crime No.234 of 2026 by Vidyaranyapura Police Station, Bengaluru City on 15.06.2026. It appears that subsequently, on 17.06.2026, victim had appeared before the police station and stated that the petitioners had kidnapped him. It is under these circumstances, apprehending arrest, petitioners had filed Crl.Misc.No.6684 of 2026 before the jurisdictional Sessions Court, which was rejected on 13.07.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, there is some dispute between the parties with regard to some immovable property. In the missing complaint, that was submitted on 15.06.2026 at about 23 hours, first informant has stated that her father, who had gone out of the house at about 10.00 a.m. on 15.06.2026, had not returned home. Efforts made to trace him had failed. Therefore, she approached the - 4 - HC-KAR CNR: KAHC010485742026 NC: 2026:KHC:44044 CRL.P No. 10532 of 2026 police. Her further statement is recorded on 17.06.2026. In the said statement, she has said that on 15.06.2026, she had received a phone call from her father, who had informed her that, he was in a resort and therefore, she had gone to the said resort subsequently along with the police had brought her father. However, surprisingly, the statement of the first informant or her father was not recorded immediately but it was recorded on 17.06.2026. In the statement of the alleged victim, he has said that he was kidnapped by the accused persons on the intervening night of 14.06.2026 and 15.06.2026, whereas the first informant has stated in her first information that her father, who had gone out of the house on 15.06.2026 at 10 a.m., had not returned home. 5. Considering the discrepancies in the statement of the first informant and her father, who is the alleged victim and also taking into consideration the dispute between the parties with regard to certain immovable property, 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:- - 5 - HC-KAR CNR: KAHC010485742026 NC: 2026:KHC:44044 CRL.P No. 10532 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) 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.234 of 2026 registered by Vidyaranyapura Police Station, Bengaluru City for offences punishable under Sections 140(1), 127(2), 351(2), 352 read with Section 3(5) of BNS, 2023, subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co-operate - 6 - HC-KAR CNR: KAHC010485742026 NC: 2026:KHC:44044 CRL.P No. 10532 of 2026 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 NMS List No.: 1 Sl No.: 71