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2026 DAILYLAW 40022 (KAR)

MR.K.SOMASHEKAR v. STATE BY KALASIPALYA POLICE STATION,

CRL.P/14095/2026 · 2026-09-11

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010632482026 NC: 2026:KHC:50067 CRL.P No. 14095 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. 14095 OF 2026 BETWEEN: MR. K. SOMASHEKAR AGED ABOUT 54 YEARS S/O KEMPAIAH RESIDING AT NO.361 NEAR REAL HOME APARTMENT ANJANAPURA VILLAGE UTHARAHALLI HOBLI BENGALURU - 560 062. …PETITIONER (BY SRI RAMESHA H.E, ADV.) AND: 1. STATE BY KALASIPALYA POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT/KALASIPALYA POLICE STATION TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST, WHO IS ARRAYED AS ACCUSED NO.1 IN CRIME NO.141/2026 FOR THE OFFENCE P/US/ 241,318(4),329(4),352,74 OF BNS ACT, 2023 PENDING ON THE FILE OF THE 5th ACMM, BENGALURU. 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: KAHC010632482026 NC: 2026:KHC:50067 CRL.P No. 14095 of 2026 ORAL ORDER 1. Accused no.1 in Crime No.141 of 2026 registered by Kalasipalya Police Station, Bengaluru City for offences punishable under Sections 241, 318(4), 352, 329(4) & 74 of BNS, 2023 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP who is directed to take notice of respondent - State. 3. FIR in Crime No. 141 of 2026 was registered by Kalasipalya Police Station, Bengaluru City for the aforesaid offences against petitioner herein and two others, based on the first information dated 13.06.2026 received from Smt. Bhanumathi B S, who is the alleged victim in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.8312 of 2026 before the jurisdictional Sessions Court, which was rejected on 03.09.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010632482026 NC: 2026:KHC:50067 CRL.P No. 14095 of 2026 4. In the first information, dated 13.06.2026, submitted by the victim lady, it is stated that she is acquainted to the accused no.2 - Murthy G S, from the year 2008 onwards. Accused no.2 allegedly had introduced the petitioner herein to her and subsequently she had entered into an agreement for sale with the petitioner for purchasing certain sites belonging to him and also had paid advance amount under the said agreement. Grievance of the first informant appears to be that, subsequently the petitioner had not executed sale deed in her favour. She has further alleged that on 11.06.2026 at about 04.00 p.m. petitioner and the two other accused named in the FIR had entered her house and had forcibly collected documents from her and thereafter had pulled her hands and tried to outrage her modesty. It is under these circumstances, FIR was registered in the present case. 5. The petitioner aged 54 years has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. The dispute between the parties appears to be primarily civil in nature. Accordingly, the following:- - 4 - HC-KAR CNR: KAHC010632482026 NC: 2026:KHC:50067 CRL.P No. 14095 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.141 of 2026 registered by Kalasipalya Police Station, Bengaluru City for offences punishable under Sections 241, 318(4), 352, 329(4) & 74 of BNS, 2023, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing 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 investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. - 5 - HC-KAR CNR: KAHC010632482026 NC: 2026:KHC:50067 CRL.P No. 14095 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 3 Sl No.: 1