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High Court of Karnataka · body

2026 DAILYLAW 38448 (KAR)

SRI. SHANKARAPPA v. THE STATE OF KARNATAKA

CRL.P/12468/2026 · 2026-09-03

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010564972026 NC: 2026:KHC:48176 CRL.P No. 12468 of 2026 C/W CRL.P No. 12691 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12468 OF 2026 C/W CRIMINAL PETITION NO. 12691 OF 2026 IN CRL.P No. 12468/2026: BETWEEN: 1. SRI. SHANKARAPPA S/O. MUNISWAMAPPA AGED ABOUT 46 YEARS R/A. NO.50, CHINCHANDLAHALLI KOLAR-563 121. (NAME AND ADDRESS AS PER AADHAAR) …PETITIONER (BY SRI ABHULASH KUMAR M.N, ADV., FOR SRI NANJUNDA GOWDA M.R, ADV.) AND: 1. THE STATE OF KARNATAKA BY KYASAMBALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.AMBEDKER VEEDHI, BENGALURU - 560 001 …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.47/2026 OF KYASAMBALI POLICE STATION AGAINST THE PETITIONER FOR THE OFFENCE P/US/ 318(4),126(2),277 OF BNS AND SEC.3(2) OF KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLAK MAGIC ACT 2017, NOW PENDING ON THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010564972026 NC: 2026:KHC:48176 CRL.P No. 12468 of 2026 C/W CRL.P No. 12691 of 2026 FILE OF THE ADDL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, KOLAR DISTRICT KGF. IN CRL.P NO. 12691/2026: BETWEEN: 1. SRI CHANDRA @ CHANDRA BABU S/O.LATE. VENKATESHAPPA, AGED ABOUT 45 YEARS R/A. IVARAHALLI GRAMA, KYASAMBALLI HOBLI, KGF563 - 563 121. 2. SRI MUNIVENKATAPPA, S/O LATE.NARAYANAREDDY, AGED ABOUT 50 YEARS, R/A.BILLERAHALLI VILLAGE, KYASAMBALLI HOBLI, KGF-563 121. 3. SRI BHASKAR, S/O KRISHNAPPA, AGED ABOUT 50 YEARS, R/A.KANGANDLAHALLI VILLAGE KYASAMBALLI HOBLI, KGF-563 121. 4. SRI BABU R.T, S/O LATE THIPPANNA AGED ABOUT 49 YEARS R/A. RAMASAGARA VILLAGE KYASAMBALLI HOBLI, KGF-563 121. 5. SRI KALYAN MURTHY @ CHINNA S/O. VENKATARAMAPPA AGED ABOUT 32 YEARS R/A KURUDUGURU VILLAGE KYASAMBALLI HOBLI KGF-563 121. V/O DT:20.08.2026 PETITIONER AGAINST P-5 IS DISMISSED AS WITHDRAWN. 6. SRI ARJUN, S/O.NARAYANAPPA - 3 - HC-KAR CNR: KAHC010564972026 NC: 2026:KHC:48176 CRL.P No. 12468 of 2026 C/W CRL.P No. 12691 of 2026 AGED ABOUT 28 YEARS R/A GADDURU VILLAGE KYASAMBALLI HOBLI KGF-563 121. ...PETITIONERS (BY SRI ABHILASH KUMAR M.N, ADV., FOR SRI NANJUNDA GOWDA M.R, ADV.) AND: 1. THE STATE OF KARNATAKA BY KYASAMBALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKER VEEDHI BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.47/2026 OF KYASAMBALLI POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCES UNDER SECTION 318(4), 126(2), 277 OF BNS AND SECTION 3(2) OF KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC ACT, 2017 NOW PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT, KOLAR DIST, KGF. THESE PETITIONS, 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 to 5 and 7 in Crime No.47/2026 registered by Kysasamballi Police Station, KGF, for the offences punishable under Sections 318(4), 126(2) and 277 of BNS, 2023 and Section 3(2) of the Karnataka Prevention and - 4 - HC-KAR CNR: KAHC010564972026 NC: 2026:KHC:48176 CRL.P No. 12468 of 2026 C/W CRL.P No. 12691 of 2026 Eradication of Inhuman Evil Practices and Black Magic Act, 2017, are 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.47/2026 was registered by Kyasamballi Police Station, KGF, for the aforesaid offences against Chandra and others based on the first information dated 14.07.2026, received from S R Jagadish, police officer attached to Kyasambalii Police Station, KGF. In the said case, petitioners herein were arrested on 14.07.2026 and remanded to judicial custody. In their remand application, they are arrayed as accused Nos.1 to 5 and 7. Their bail application filed before the Court of learned Magistrate in Crime No.47/2026 was rejected on 22.07.2026. Thereafter, they had approached the jurisdictional Sessions Court in Crl.Misc.No.752/2026, which was rejected on 06.08.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that FIR in Crime No.47/2026 was registered against unknown - 5 - HC-KAR CNR: KAHC010564972026 NC: 2026:KHC:48176 CRL.P No. 12468 of 2026 C/W CRL.P No. 12691 of 2026 persons and others alleging that first informant had received credible information that accused No.1 and his accomplices were indulged in the act of committing black magic and they were cheating many gullible people that they would be relieved of their problems and health conditions by performing black magic. After the aforesaid FIR was registered, petitioners herein and another were arrested on 14.07.2026 and remanded to judicial custody. Particulars of the alleged victims of the crime committed by the petitioners, is not mentioned in the FIR. Learned HCGP submits that till date particulars of any such victim has not been traced by the Investigation Officer. Under the circumstances, I am of the opinion that petitioners’ prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The criminal petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.47/2026 registered by Kysasamballi Police Station, KGF, for the offences punishable under Sections 318(4), 126(2) and 277 of BNS, 2023 and Section 3(2) of the Karnataka Prevention and - 6 - HC-KAR CNR: KAHC010564972026 NC: 2026:KHC:48176 CRL.P No. 12468 of 2026 C/W CRL.P No. 12691 of 2026 Eradication of Inhuman Evil Practices and Black Magic Act, 2017, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each 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. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 57