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2026 DAILYLAW 37569 (KAR)

SRI SHASHANK N v. STATE OF KARNATAKA

CRL.P/11040/2026 · 2026-08-31

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010506392026 NC: 2026:KHC:47141 CRL.P No. 11040 of 2026 C/W CRL.P No. 11057 of 2026 CRL.P No. 11092 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11040 OF 2026 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 11057 OF 2026, CRIMINAL PETITION NO. 11092 OF 2026 IN CRL.P No.11040/2026: BETWEEN: SRI SHASHANK N S/O NARAYAN, AGED ABOUT 21 YEARS, OCC: PRIVATE SERVICE, R/AT: NO.110, 3RD CROSS, MASJID ROAD, MEJESTIC CIRCLE, KANAKAPURA TOWN, RAMANAGARA DISTRICT-562117. …PETITIONER (BY SRI. PRAVEEN KUMAR K.S., ADVOCATE) AND: STATE OF KARNATAKA BY KANAKAPURA TOWN POLICE STATION, MYSURU DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010506392026 NC: 2026:KHC:47141 CRL.P No. 11040 of 2026 C/W CRL.P No. 11057 of 2026 CRL.P No. 11092 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL WHO IS ARRAYED AS ACCUSED NO.3 IN CRIME NO.78/2026 FOR THE OFFENCE P/U/S 309(6) OF BNS 2023 ON THE FILE OF RESPONDENT KANAKAPURA TOWN POLICE, KANAKAPURA BENGALURU SOUTH DISTRICT NOW PENDING ON THE FILE OF THE HON’BLE III ADDITIONAL CIVIL JUDGE AND J.M.F.C KANAKAPURA, RAMANAGARA DISTRICT AND ETC. IN CRL.P NO.11057/2026: BETWEEN: BAIRESH S/O MAHESH, AGED ABOUT 18 YEARS, R/AT NO.A, 9, GORI BIDI, BEHIND URDU SCHOOL ROAD, KANAKAPURA TOWN, BANGALORE SOUTH DISTRICT-562 117. (AS PER AADHAR CARD). ...PETITIONER (BY SRI. RAGHU N.R., ADVOCATE) AND: STATE OF KARNATAKA BY KANAKAPURA TOWN POLICE STATION KANAKAPURA CIRCLE, BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.78/2026 OF RESPONDENT KANAKAPURA - 3 - HC-KAR CNR: KAHC010506392026 NC: 2026:KHC:47141 CRL.P No. 11040 of 2026 C/W CRL.P No. 11057 of 2026 CRL.P No. 11092 of 2026 TOWN POLICE STATION FOR THE OFFENCE P/U/S 309(6) OF THE BNS PENDING ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC COURT, KANAKAPURA, RAMANAGARA DISTRICT AND ETC. IN CRL.P NO.11092/2026: BETWEEN: SRI MUTTURAJ S/O LATE RAMESH, AGED ABOUT 20 YEARS, OCC: PRIVATE SERVICE, R/AT. NEAR MATHA LODGE, RAMANAGARA ROAD, MEGALABEEDI, KANAKAPURA TOWN, BENGALURU SOUTH DISTRICT-562117. ...PETITIONER (BY SRI. PRAVEEN KUMAR K.S., ADVOCATE) AND: STATE OF KARNATAKA BY KANAKAPURA TOWN POLICE STATION, RAMANAGARA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL, WHO IS ARRAYED AS ACCUSED NO.4, IN CRIME NO.78/2026, FOR THE OFFENCES P/U/S 309(6) OF BNS 2023, ON THE FILE OF RESPONDENT KANAKAPURA TOWN POLICE, KANAKAPURA, BENGALURU SOUTH DISTRICT, NOW PENDING ON THE FILE OF HON’BLE III ADDITIONAL CIVIL - 4 - HC-KAR CNR: KAHC010506392026 NC: 2026:KHC:47141 CRL.P No. 11040 of 2026 C/W CRL.P No. 11057 of 2026 CRL.P No. 11092 of 2026 JUDGE AND JMFC AT KANAKAPURA, RAMANAGARA DISTRICT AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos. 1, 3 and 4 in Crime No. 78/2026 registered by the Kanakapura Town Police Station, for offence punishable under Section 309(6) of BNS, 2023 are before this Court, in these petitions, filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.78/2026 was registered by Kanakapura Town Police Station for the aforesaid offence against 4 unknown persons, based on the first information dated 15.06.2026 received from the alleged victim at about 17.15 hours. During the course of investigation of the said case, accused Nos. 1 and 2 were arrested on 25.06.2026 and accused Nos. 3 and 4 were arrested on - 5 - HC-KAR CNR: KAHC010506392026 NC: 2026:KHC:47141 CRL.P No. 11040 of 2026 C/W CRL.P No. 11057 of 2026 CRL.P No. 11092 of 2026 26.06.2026. Subsequently, they were remanded to judicial custody. Bail application filed by the petitioners herein before the jurisdictional Sessions Court, seeking regular bail was rejected. Therefore, they are before this Court. 4. In the first information, which is filed on 15.06.2026 at about 17.15. hours, it is stated that, on the intervening night of 13.06.2026 and 14.06.2026, the first informant had gone to Kanakapura town for buying a tablet. Since there was no bus, he was waiting on the road side to return to his village. At about 10.30 p.m., he intercepted a car and the inmates of the said car agreed to give a drop to him and, accordingly, he boarded the said car. Subsequently, the four inmates who were in the car allegedly took him to an isolated place and after assaulting him with hands, snatched a sum of Rs.5,000/- in cash, which was in his pocket and also transferred another sum of Rs.20,000/- from his bank account through his mobile phone and left the spot along with his samsung mobile - 6 - HC-KAR CNR: KAHC010506392026 NC: 2026:KHC:47141 CRL.P No. 11040 of 2026 C/W CRL.P No. 11057 of 2026 CRL.P No. 11092 of 2026 phone at about 01.00 a.m., on 14.06.2026 after dropping him near the bridge near Chennapattana. In respect of the alleged incident that had taken place at about 01.00 p.m. on 14.06.2026, FIR has been registered belatedly on 15.06.2026 at 17.15 hours. 5. It is not in dispute that, the petitioners herein do not have criminal antecedents, they are in custody for last more than two months. Major portion of the investigation has already been completed. The petitioners are all youngsters aged about 20 years and their continued detention in jail amongst hardcore criminals will have an adverse impact on their mind-set. After the accused persons were arrested in the present case, an amount of Rs.4,800/- and the mobile phone of the first informant has been recovered. Under the circumstances, I am of the opinion that petitioners prayer needs to be granted. Accordingly, the following: - 7 - HC-KAR CNR: KAHC010506392026 NC: 2026:KHC:47141 CRL.P No. 11040 of 2026 C/W CRL.P No. 11057 of 2026 CRL.P No. 11092 of 2026 ORDER (i) The petitions are allowed. (ii) The petitioners are directed to be enlarged on bail in Crime No. 78/2026 registered by the Kanakapura Town Police Station, for offence punishable under Section 309(6) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute personal bonds for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; - 8 - HC-KAR CNR: KAHC010506392026 NC: 2026:KHC:47141 CRL.P No. 11040 of 2026 C/W CRL.P No. 11057 of 2026 CRL.P No. 11092 of 2026 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE CM List No.: 1 Sl No.: 65