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2026 DAILYLAW 36056 (KAR)

RIYA DEBNATH v. STATE BY RAJARAJESHWARI NAGAR POLICE STATION

CRL.P/11630/2026 · 2026-08-25

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010530882026 NC: 2026:KHC:45961 CRL.P No. 11630 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11630 OF 2026 BETWEEN: RIYA DEBNATH D/O DULAL DEBNATH AGED ABOUT 27 YEARS R/AT NO.130, 5TH CROSS 7TH MAIN NEAR MONO TYPE BANASHANKARI II STAGE BENGALURU - 560 070. …PETITIONER (BY SMT. JYOTHI S.K, ADV.) AND: STATE BY RAJARAJESHWARI NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARANTAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER OR REGULAR BAIL IN CRIME NO.231/2026 REGISTERED BY RAJARAJESHWARI NAGAR POLICE STATION, PENDING ON THE FILE OF THE XLVI ACMM, NRUPATUNGA ROAD, BENGALURU, FOR THE OFFENCES P/U/S 137(2) AND 310 OF THE BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010530882026 NC: 2026:KHC:45961 CRL.P No. 11630 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.231/2026 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for the offences punishable under sections 137(2) and 310 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.231/2026 was registered by Rajarajeshwari Nagar Police Station, Bengaluru, against the petitioner and four others, based on the first information dated 07.07.2026 received from Rohith Kumar Nayak, who is the alleged victim in the present case. During the course of investigation, petitioner was arrested on 09.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.7211/2026 was rejected on 23.07.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that first informant and the petitioner are closely acquainted to each - 3 - HC-KAR CNR: KAHC010530882026 NC: 2026:KHC:45961 CRL.P No. 11630 of 2026 other. In the first information, it is stated that first informant's birthday was on 05.07.2026 and on said date, petitioner had called him at about 04.00 p.m. and had invited him for cutting THE cake. At about 06.00 p.m. he had gone with the petitioner to R R Nagar and booked a room in Marilla Royal Lodge and had ordered for cake and biryani. At the time of cutting cake, somebody knocked the door of the room and when the first informant opened the door, one person entered the room and started abusing him for the reason that he was found along with his girlfriend. Subsequently, said person took the first informant along with him and three other persons joined them. Thereafter, the said persons allegedly forcibly transferred an amount of Rs.90,000/- from his mobile phone to various bank accounts and also snatched his gold ring weighing 4.5 grams and went away after criminally intimidating him. 5. In respect of the alleged incident that had taken place on the intervening night of 05.07.2026 and 06.07.2026, first information is belatedly filed on 07.07.2026. Petitioner, who is a lady aged 27 years having no other criminal antecedents is in custody from 09.07.2026 onwards. All the other accused - 4 - HC-KAR CNR: KAHC010530882026 NC: 2026:KHC:45961 CRL.P No. 11630 of 2026 persons are arrested in the present case. Major portion of the investigation is already completed. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.231/2026 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for the offences punishable under sections 137(2) and 310 of BNS, 2023, subject to the following conditions: 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - HC-KAR CNR: KAHC010530882026 NC: 2026:KHC:45961 CRL.P No. 11630 of 2026 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 86