Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 39311 (KAR)

SRI RAJESH KUMAR @ RAJESH v. STATE BY HAL P S

CRL.P/11087/2026 · 2026-09-08

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010506372026 NC: 2026:KHC:48743 CRL.P No. 11087 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.11087 OF 2026 (438(Cr.PC)/ 482(BNSS)) BETWEEN: 1. SRI. RAJESH KUMAR @ RAJESH S/O LATE RAMAR AGED ABOUT 25 YEARS R/AT NO.15, 2ND FLOOR C/O SHEENAPPA REDDY NEAR YALLAMMA TEMPLE 5TH CROSS, ANNASANDRAPALYA HAL, BENGALURU CITY BENGALURU-560017. 2. IRYAN MATHEW S/O ISAAC AGED ABOUT 23 YEARS R/AT NO.117, NEAR VIBHUTHIPURA LAKE 10TH CROSS, CRYSTEL WINES OPPOSITE ROAD VEERABHADRANAGAR, BASAVANAGARA MARATHAHALI, BENGALURU CITY BENGALURU, KARNATAKA-560037. …PETITIONERS (BY SRI. SATISH G.S. ADV.,) AND: 1. STATE BY HAL P S REP. BY PUBLIC PROSECUTOR KARNATAKA HIGH COURT BENGALURU 560001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010506372026 NC: 2026:KHC:48743 CRL.P No. 11087 of 2026 THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C. PRAYING TO ENLARGE THE PETITIONER IN ANTICIPATORY BAIL U/S.482 OF BNSS 2023 IN CRIME NO.478/2024 REGISTERED BY HAL P.S., BENGALURU FOR THE OFFENCE U/S 394, 397 OF IPC IN THE EVENT OF THEIR ARREST IN CRIME NO.478/2024 SUBSEQUENTLY AS C.C.NO. AFTER FILING CHARGE SHEET IT IS REGISTERED 55574/2026 PENDING BEFORE THE XXIX ACMM MAYO HALL BENGALURU. THIS PETITION, 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 and 2 in Crime No.478/2024 registered by HAL Police Station, Bengaluru City, for the offences punishable under Sections 394 and 397 of IPC are before this Court in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.478/2024 registered by HAL Police Station, Bengaluru City, for the aforesaid offences against four unknown persons based on the first - 3 - HC-KAR CNR: KAHC010506372026 NC: 2026:KHC:48743 CRL.P No. 11087 of 2026 information dated 10.06.2024 received from Deepak Kumar S/o.Lal Ravidas. After completing the investigation in the said case, charge sheet is filed against four persons and the petitioners herein are arrayed as accused Nos.1 and 2 in the charge sheet. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.25595/2026 before the jurisdictional Sessions Court at Bengaluru, which was rejected on 15.07.2026. Therefore, the petitioners are before this Court. 4. The FIR in the present case was registered against four unknown persons based on the first information received from Sri.Deepak Kumar on 10.06.2024. It appears that subsequently, on 26.06.2024, the petitioners were arrested in Crime No.535/2024 registered by the very same police station for the offence punishable under Sections 392 of IPC and were produced before the jurisdictional Court of Magistrate on 27.06.2024. On the said day, they were remanded to - 4 - HC-KAR CNR: KAHC010506372026 NC: 2026:KHC:48743 CRL.P No. 11087 of 2026 judicial custody and subsequently, enlarged on bail by the learned Magistrate on 01.07.2024. 5. According to the learned counsel for the petitioners, after the petitioners were arrested in Crime No.535/2024 by the very same police station, they were identified by the complainant in the present case, but the police thereafter has not filed any application in the present case for issuing body warrant against the petitioners, who were arrested and remanded to custody in Crime No.535/2024. The said submission is not seriously disputed by the learned HCGP. It is also not in dispute except the aforesaid two cases viz., in Crime No.478/2024 and Crime No.535/2024, petitioners do not have any other criminal case registered against them. Petitioners have undertaken to cooperate before the trial Court. Investigation of the case is completed in the present case. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant - 5 - HC-KAR CNR: KAHC010506372026 NC: 2026:KHC:48743 CRL.P No. 11087 of 2026 of anticipatory bail needs to be answered in the affirmative. Accordingly, the following: ORDER (i) The petition is allowed. (ii) 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.478/2024 registered by HAL Police Station, Bengaluru City, for the offences punishable under Sections 394 and 397 of IPC, subject to the following conditions: a. 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. b. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR CNR: KAHC010506372026 NC: 2026:KHC:48743 CRL.P No. 11087 of 2026 c. 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. d. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 53