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2026 DAILYLAW 35938 (KAR)

SRI SUDAKARA N v. THE STATE OF KARNATAKA

CRL.P/10983/2026 · 2026-08-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010504532026 NC: 2026:KHC:45027 CRL.P No. 10983 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10983 OF 2026 BETWEEN: 1. SRI SUDAKARA N S/O NARAYANASWAMI, AGED ABOUT 31 YEARS, R/AT 2. SRI. VARALAKSHMI.M.N, W/O SUDAKARA.N AGED ABOUT 28 YEARS, BOTH ARE R/AT: MASILAHALLI VILLAGE, KONAPALLI POST, MOSHILHALLI, SETTIHALLI, CHIKKABALLAPURA - 563 125 …PETITIONERS (BY SRI. NARAYANASWAMY K N.,ADVOCATE) AND: THE STATE OF KARNATAKA AVALAHALLI POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE – 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL U/S.482 OF BNS 2023 AND DIRECTED TO RESPONDENT POLICE IN THE EVENT OF THEIR ARREST Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010504532026 NC: 2026:KHC:45027 CRL.P No. 10983 of 2026 RELEASE THE PETITIONER ON BAIL IN CRIME NO.290/2026 OF RESPONDENT AVALAHALLI POLICE STATION, FOR THE OFFENCEP/US/ 305 OF BNS 2023, PENDING ON THE FILE OF THE HONBLE ADDL CJM BENGALURU RURAL, BENGALURU DISTRICT. 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. Accused Nos.1 and 2 in Crime No.290/2026 registered by Avalahally Police Station, Bengaluru, for the offence punishable under Section 305 of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.290/2026 was registered by Avalahally Police Station, Bengaluru, for the aforesaid offence against the petitioners herein, based on the first information dated 20.06.2026 received from Divya W/o Umesh Babu. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.1375/2026 before the jurisdictional Sessions Court, - 3 - HC-KAR CNR: KAHC010504532026 NC: 2026:KHC:45027 CRL.P No. 10983 of 2026 which was rejected on 15.07.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that petitioners are husband and wife. They are residing in the same building where the first informant is residing with her parents. In the first information dated 20.06.2026, it is alleged that on 02.06.2026, petitioners had come to the house of first informant. On 05.06.2026, first informant found that her gold jewelry was missing. On 06.06.2026, at the instance of the petitioners, the first informant along with them went to Orion Mall and on their way, they had checked the bag of the first informant. Subsequently, they had gone to the parking area of the Mall and had returned. On 15.06.2026, accused No.2 had taken the first informant to anganavadi. On 18.06.2026, when the first informant opened the locker, she found that her gold jewelries were missing. Therefore, she suspected the hand of the petitioners and under the said circumstances, FIR has been registered against them. - 4 - HC-KAR CNR: KAHC010504532026 NC: 2026:KHC:45027 CRL.P No. 10983 of 2026 5. It is not in dispute that petitioners, who are husband and wife do not have any criminal antecedents. Only on suspicion, FIR has been registered against them. There has been an inordinate delay in approaching the police. Petitioners have undertaken to cooperate with the police for the purpose of investigation. Considering the nature of allegations found against the petitioners, who have no other criminal antecedents, I am of the opinion that their prayer for grant of anticipatory bail needs to be granted. Accordingly, the following order:- 6. The petition is allowed. 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.290/2026 registered by Avalahally Police Station, Bengaluru, for the offence punishable under Section 305 of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- - 5 - HC-KAR CNR: KAHC010504532026 NC: 2026:KHC:45027 CRL.P No. 10983 of 2026 each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate 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 DN List No.: 1 Sl No.: 90