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2026 DAILYLAW 40896 (KAR)

DASHARATH v. STATE OF KARNATAKA

CRL.P/11343/2026 · 2026-09-16

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010570622026 NC: 2026:KHC:50374 CRL.P No. 12727 of 2026 C/W CRL.P No. 11343 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12727 OF 2026 C/W CRIMINAL PETITION NO. 11343 OF 2026 IN CRL.P No. 12727/2026 BETWEEN: MR. SANGAYYA S/O. SHIVANAND AGED ABOUT 29 YEARS, R/AT SEDUM ROAD, NEAR SHARANABASAVESHWARA TEMPLE, GUNDAGUTHI, CHITAPUR, GULBARGA - 585 317 …PETITIONER (BY SRI. SHIVANANDA D.S., ADVOCATE) AND: STATE OF KARNATAKA BY SARJAPURA POLICE STATION, BENGALURU NOW REPTD. BY SPP HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010570622026 NC: 2026:KHC:50374 CRL.P No. 12727 of 2026 C/W CRL.P No. 11343 of 2026 THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.138/2026 REGISTERED BY THE SARJAPURA POLICE, FOR THE OFFENCES PUNISHABLE U/SEC. 309(4) OF BNS 2023, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT ANEKAL. IN CRL.P NO. 11343/2026 BETWEEN: DASHARATH S/O SHIVAPPA AGED 25 YEARS R/A SEDUM ROAD, GUNDAGURTHI CHITHAPUR, GULBARGA - 585 317 ...PETITIONER (BY SRI. PUTTARAJU A.C., ADVOCATE) AND: STATE OF KARNATAKA BY SARJAPURA POLICE STATION, ANEKAL, BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001 ...RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C. PRAYING TO ALLOW THIS PETITION AND GRANT - 3 - HC-KAR CNR: KAHC010570622026 NC: 2026:KHC:50374 CRL.P No. 12727 of 2026 C/W CRL.P No. 11343 of 2026 BAIL IN FAVOUR OF THE PETITIONER/ACCUSED NO.2 IN CRIME NO.138/2026 OF SARJAPURA POLICE STATION PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDE AND JMFC ANEKAL HAVING FILED FIR FOR THE OFFENCE P/US/ 309(4) OF BNS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 and 3 in Crime No.138/2026 registered by Sarjapura Police Station, Bengaluru District for the offences punishable under Section 309(4), 127(2) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.138/2026 was registered by Sarjapura Police Station, Bengaluru District for the aforesaid offence against three unknown persons, based on the first information dated 07.06.2026 received from - 4 - HC-KAR CNR: KAHC010570622026 NC: 2026:KHC:50374 CRL.P No. 12727 of 2026 C/W CRL.P No. 11343 of 2026 M.D. Rukun Uddin, who is the alleged victim in the present case. During the course of investigation, the petitioners herein were arrested on 08.06.2026 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5300/2026 was rejected on 25.06.2026. Therefore, they are before this Court. 4. FIR in the present case was registered against three unknown persons based on the first information received from CW-1, who is the alleged victim in the present case. During the course of the investigation, accused Nos.1 to 3 were arrested in the present case and remanded to judicial custody. Investigation of the case is now completed and charge sheet is filed. 5. As per the charge sheet allegations, accused Nos.1 to 3 had decided to rob the driver of a Rapido vehicle and in furtherance of their conspiracy, accused No.2 had booked a Rapido vehicle through his mobile - 5 - HC-KAR CNR: KAHC010570622026 NC: 2026:KHC:50374 CRL.P No. 12727 of 2026 C/W CRL.P No. 11343 of 2026 phone No.8088074484. After CW-1 came in his vehicle to the pickup point, accused No.1 sat on the said vehicle and accused Nos.2 and 3 allegedly followed the said vehicle. Subsequently, accused Nos.2 and 3 intercepted the vehicle in which CW-1 and accused No.1 were travelling and after threatening CW-1 by showing a knife, they demanded money. Since CW-1 stated that he was only having a sum of Rs.3,500/- in his account, they asked him to get money transferred to his account from his friends. Accordingly, CW-1 contacted his friend CW-6 and got transferred an amount of Rs.12,000/- to his account. Subsequently, accused persons withdrew an amount of Rs.5,500/- in cash from ATM and got transferred another sum of Rs.10,000/- to their account from the account of CW-1 and after criminally intimidating CW-1, they released him and went away. 6. It is not in dispute that the petitioners herein, who are arrayed as Accused Nos.2 and 3, do not have any criminal antecedents. The money robbed by them has - 6 - HC-KAR CNR: KAHC010570622026 NC: 2026:KHC:50374 CRL.P No. 12727 of 2026 C/W CRL.P No. 11343 of 2026 been recovered in the present case during the course of investigation. The alleged offences are not punishable with death or imprisonment for life. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R i) The Criminal Petitions are allowed. ii) The petitioners are directed to be enlarged on bail in Crime No.138/2026 registered by Sarjapura Police Station, Bengaluru District for the offences punishable under Section 309(4), 127(2) of BNS, 2023, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR CNR: KAHC010570622026 NC: 2026:KHC:50374 CRL.P No. 12727 of 2026 C/W CRL.P No. 11343 of 2026 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; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 65