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2026 DAILYLAW 40017 (KAR)

SANJAY v. THE STATE OF KARNATAKA BY

CRL.P/12980/2026 · 2026-09-11

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010583812026 NC: 2026:KHC:49814 CRL.P No. 12980 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12980 OF 2026 BETWEEN: 1. SANJAY S/O SHANKAR AGED ABOUT 27 YEARS R/AT SITARAM ANJANEYA RIGHT SIDE, 3RD MAIN ROAD SANJIVINI NAGAR MOODALAPALYA BENGALURU - 560 072. …PETITIONER (BY SRI GOWRAMMA G.N, ADV.) AND: 1. THE STATE OF KARNATAKA BY K P AGRAHARA POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.1679/2025 (CR NO.22/2025) OF RESPONDENT K.P AGRAHARA POLICE FOR THE OFFENCES P/U/S 140(2), 308(2), 126(2), 115(2),61,351(2)(3) R/W SEC.3(5) OF THE BNS 2023 PENDING ON THE FILE OF THE LVIII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-59). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010583812026 NC: 2026:KHC:49814 CRL.P No. 12980 of 2026 ORAL ORDER 1. Accused in S.C.No.1679 of 2025 pending before the Court of LVIII Additional City Civil & Sessions Judge, Bengaluru arising out of Crime No.22 of 2025 registered by Kempapura Agrahara Police Station, Bengaluru City for offence punishable under Sections 140(2), 308(2), 126(2), 115(2), 351(2), 351(3) & 61 R/w Section 3(5) 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.22 of 2025 was registered by Kempapura Agrahara Police Station, Bengaluru City against petitioner and another, based on the first information dated 23.03.2025 received from Sri Likith H Gowda. In the said case, petitioner was arrested on 25.03.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the Trial - 3 - HC-KAR CNR: KAHC010583812026 NC: 2026:KHC:49814 CRL.P No. 12980 of 2026 Court in S.C.No.1679 of 2025 was rejected on 21.07.2026. Therefore, he is before this Court. 4. A reading of the first information as well as the charge sheet now filed in the present case would reveal that accused nos.1 and 2 are closely acquainted to the alleged victim CW1. It appears that on 21.03.2025, accused no.1 had requested accused no.2 to provide him with liquor. However, accused no.2 had stated that he had no money for providing him liquor, but CW8, who is the friend of CW1 has money and therefore, they allegedly summoned CW1 and thereafter, took him along with them and asked him to show the house of CW8 for the purpose of demanding money from him. Accused nos.1 and 2 had taken CW1 in a car and had asked him to show the house of CW8, but CW1 allegedly had informed them that he does not know the house of CW8 and therefore, accused nos.1 and 2 had allegedly abused and assaulted him. Subsequently, they had snatched his mobile phone and released him. In respect of the alleged incident that had taken place on the intervening night of 21.03.2025 and 22.03.2025, belatedly first information was submitted by the victim on 23.03.2025. - 4 - HC-KAR CNR: KAHC010583812026 NC: 2026:KHC:49814 CRL.P No. 12980 of 2026 5. Petitioner is in custody in the present case for the last nearly 1 year 6 months. Investigation of the case is already completed and charge sheet is filed. 6. Considering the nature of allegations found against the petitioner in the charge sheet and also the fact that accused persons and CW1 are closely acquainted to each other, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Learned HCGP has brought to the notice of this Court that the petitioner is a person with criminal antecedents. 7. The antecedents of a person cannot be the sole reason to deny him bail, if he is otherwise found to be entitled for the same. The law in this regard has been laid down by the Hon'ble Supreme Court in the case of PRABHAKAR TEWARI V STATE OF UTTAR PRADESH & ANR - (2020) 11 SCC 648. Under the circumstances, the following:- ORDER (i) Criminal petition is allowed. - 5 - HC-KAR CNR: KAHC010583812026 NC: 2026:KHC:49814 CRL.P No. 12980 of 2026 (ii) The petitioner is directed to be enlarged on bail in S.C.No.1679 of 2025 pending before the Court of LVIII Additional City Civil & Sessions Judge, Bengaluru arising out of Crime No.22 of 2025 registered by Kempapura Agrahara Police Station, Bengaluru City for offence punishable under Sections 140(2), 308(2), 126(2), 115(2), 351(2), 351(3) & 61 R/w Section 3(5) of BNSS, 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; d) The petitioner shall not involve in similar offences in future. - 6 - HC-KAR CNR: KAHC010583812026 NC: 2026:KHC:49814 CRL.P No. 12980 of 2026 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. f) The petitioner shall appear before the Station House Officer of Kempapura Agrahara Police Station on every first and third Sunday of the month between 10.00 a.m. to 01.00 p.m. and mark his attendance regularly for a period of one year from the date of his release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 95