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2026 DAILYLAW 36590 (KAR)

SURYAKANTHA V v. STATE OF KARNATAKA

CRL.P/11337/2026 · 2026-08-27

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010518352026 NC: 2026:KHC:46308 CRL.P No. 11337 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11337 OF 2026 BETWEEN: SURYAKANTHA V S/O KALYANAPPA SHIVALINGAPPA GOL AGE 56 YEARS R/AT NO.252, SY.NO.20, GDA COLONY MAHATHMA GANDHI LARI BEHIND BUS STOP, SHEIK ROJA AREA KALBURGI TALUK AND DISTRICT - 585 136 PERMANENT ADDRESS KUNIGANGAVI VILLAGE BILAGUNDI POST, ALANDA HOBLI AND TALUK, KALBURGI DISTRICT - 585 136. …PETITIONER (BY SRI AFROZ PASHA, ADV.) AND: STATE OF KARNATAKA BY BAGALURU POLICE SATION REP. BY REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.153/2026 REGISTERED BY BAGALUR P.S., FOR THE OFFENCES P/U/S 318(4),336(3),337,339,340(2) OF BNS, PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT, DEVANAHALLI, BANGALORE RURAL. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010518352026 NC: 2026:KHC:46308 CRL.P No. 11337 of 2026 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 in Crime No.153 of 2026 registered Bagalur police station, Bengaluru City, for offences punishable under Sections 318(4), 336(3), 337, 339 & 340(2) 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.153 of 2026 was registered by Bagalur police station, Bengaluru City for the aforesaid offences against the petitioner herein, based on the first information dated 23.05.2026 received from Sri Javed. During the course of investigation of the said case, petitioner was arrested on 04.06.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.15140 of 2026 was rejected on 09.07.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010518352026 NC: 2026:KHC:46308 CRL.P No. 11337 of 2026 4. Material on record would go to show that the petitioner had served as a constable in CRPF and has voluntarily resigned from service in the year 1996. Allegation against the petitioner is that he had made a claim for allotment of property bearing survey no.21, Hosahalli village, Yalahanka Taluk measuring 2.5 acres and in support of his claim he had produced fake and concocted recommendation letters said to have been issued by the Hon'ble Defence Minister and by the Hon'ble Revenue Minister of the State. 5. The petitioner aged 56 years who has no other criminal antecedents is in custody in the present case from 04.06.2026. Investigation of the case is completed and charge sheet is filed. Maximum punishment for alleged offences is imprisonment for a period of 7 years and the alleged offences are triable by the Court of Magistrate. It is trite that a person cannot be kept in custody as a precautionary or preventive measure. The allegation found in the charge sheet are required to be proved in a full-fledged trial. After filing of charge sheet, case is now num bered before the jurisdictional Court of Magistrate in C.C.No.3231 of 2026. Charges in the case are yet - 4 - HC-KAR CNR: KAHC010518352026 NC: 2026:KHC:46308 CRL.P No. 11337 of 2026 to be framed. Under the circumstances, 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 (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.153 of 2026 registered Bagalur police station, Bengaluru City, for offences punishable under Sections 318(4), 336(3), 337, 339 & 340(2) of BNS, 2023, subject to the following conditions:- a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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: KAHC010518352026 NC: 2026:KHC:46308 CRL.P No. 11337 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 NMS List No.: 1 Sl No.: 45