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2026 DAILYLAW 40661 (KAR)

HANUMANTHARAJU N v. STATE OF KARNATAKA

CRL.P/12947/2026 · 2026-09-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010581422026 NC: 2026:KHC:51264 CRL.P No. 12947 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12947 OF 2026 BETWEEN: HANUMANTHARAJU N S/O.NARASIMAHAIAH, C/O.K.BHAGYA, AGED ABOUT 31 YEARS, R/AT. OMBATHANKUNTE SOLUR POST, RAMANAGARA – 562 123 …PETITIONER (BY SRI. VINOD N, ADVOCATE) AND: STATE OF KARNATAKA BY PEENYA, POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 …RESPONDENT (BY SRI. RAHUL RAI.K, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER IN CRIME.NO.407/2026 PENDING ON THE FILE OF THE COURT OF XXXI ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY REGISTERED BY THE PEENYA PS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4) OF BNS, 2023.THE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY HAS REJECTED THE BAIL PETITION ON 10.08.2026 IN CRL.MISC.NO.7694/2026. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010581422026 NC: 2026:KHC:51264 CRL.P No. 12947 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.407/2026 registered by Peenya Police Station, Bengaluru, for the offence punishable under Section 318(4) 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 parties. 3. FIR in Crime No.407/2026 was registered by Peenya Police Station, Bengaluru, for the aforesaid offence against unknown persons based on the first information dated 23.07.2026 received from Veeresh S/o Beerappa. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.7694/2026, which was rejected by the jurisdictional Sessions Court on 10.08.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010581422026 NC: 2026:KHC:51264 CRL.P No. 12947 of 2026 4. A perusal of the material on record would go to show that first informant is the registered owner of vehicles bearing Reg.Nos.KA06/D2722, KA01/E8103 and KA06/C0882. On 23.07.2026, he allegedly received a phone call from Peenya Traffic Police constable, who informed him that his bus bearing Reg.No.KA06/C0882 was parked near the roadside at Tumakuru. The first informant informed the police constable that his bus had not gone to Tumakuru and since the police constable confirmed him the registration number of the bus parked, on verification, first informant came to know that the registration number of his bus was mentioned in the number plate of the bus, which was parked on the road side at Tumakuru. It is under these circumstances, he had approached the police and based on his first information, FIR was registered against unknown persons. During the course of investigation, petitioner had received a phone call from the investigation officer and therefore, apprehending arrest in the case, the petitioner is before this Court. 5. Learned counsel for the petitioner during the course of arguments, has submitted that petitioner is the owner of the - 4 - HC-KAR CNR: KAHC010581422026 NC: 2026:KHC:51264 CRL.P No. 12947 of 2026 bus bearing registration No.KA17B1435 and since the permit of the bus stood in the name of the earlier owner, temporarily he had changed the number plate of his bus. Be that as it may, the petitioner has no other criminal antecedents. The alleged offence are triable by the Court of Magistrate and the maximum punishment for the alleged offence is imprisonment for a period of seven years. Considering the nature of allegations found against the petitioner, I am of the opinion that petitioner's custodial interrogation would not be necessary. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following order: 6. The petition is allowed. 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.407/2026 registered by Peenya Police Station, Bengaluru, for the offence punishable under Section 318(4) of BNS, 2023, subject to the following conditions: 1. The Petitioner 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/- - 5 - HC-KAR CNR: KAHC010581422026 NC: 2026:KHC:51264 CRL.P No. 12947 of 2026 with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 74