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2026 DAILYLAW 4184 (KAR)

SRI. VENKATESHWARALU. P. S. v. THE STATE OF KARNATAKA

CRL.P/1600/2026 · 2026-03-17

S Rachaiah

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1600 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. VENKATESHWARALU. P. S. S/O LATE SRIRAMAIAH, AGED ABOUT 42 YEARS, R/AT NO.23/15-1, 8TH MAIN ROAD, PAPAPAIAH GARDEN, BANASHANKARI 3RD STAGE, KATHRIGUPPE, BENGALURU-560 085. &PETITIONER (BY SRI. PRAKASHA M.,ADVOCATE) Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 AND: THE STATE OF KARNATAKA REPT., BY STATION HOUSE OFFICER BYATARAYANAPURA POLICE STATION BENGALURU. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001. &RESPONDENT (BY SRI.RANGASWAMY R.,LEARNED HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.452/2025 FOR ALLEGED OFFENCE P/U/S 132, 324(5), 326(g) OF BNS 2023 ON THE FILE OF 46TH ADDL.CJM BANGALORE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner, who is the sole accused in Crime No.452/2025 filed by the respondent-Police for offences punishable under Section 132, 324(5) and 326(g) of The Bharatiya Nyaya Sanhita, 2023 (for short BNS), seeking anticipatory bail. Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by R. Nagendra Rao, Police Sub-Inspector stating that on 27.12.2025 at about 9.30 p.m., while he was checking drink and drive cases at Kavika Junction, about 10.35 p.m., the petitioner came in Black Color Bajaj Discover two-wheeler bearing its registration No. KA-51-W-5500 from Mysore Road towards Byatarayanapura. The complainant stopped the said vehicle and asked him to cooperate with the investigation - 4 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 to find out whether the petitioner had consumed alcohol or not. But, the petitioner refused to blow the alchometer and obstructed the duty of the Government Official. The petitioner9s vehicle was seized and taken to the Police Station, and parked there. 3. It is further alleged that the petitioner herein had committed a mistake by setting fire to his vehicle and running away from the spot. Hence, this complaint. On receiving the said complaint, the respondent-Police registered a case and conducted the investigation. The investigation is in progress. 4. Heard Sri. Prakasha M., learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent 3 State. 5. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. The allegation made against the petitioner is that he had set a fire to the motorcycle, which was parked in front of the - 5 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 Police Station. However, the complainant had not seen the actual assailant who set the fire to the motorcycle. The petitioner is aged about 42 years, and he is a resident of Papaiah Garden, Kathriguppe, Bangalore, and he is working at Toyota Company. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per Contra, learned High Court Government Pleader for the respondent vehemently submitted that the petitioner is a permanent resident of Andhra Pradesh and he has committed a mischief by lighting the fire to the Discovery bike, which was parked in front of the Police Station. As a result of this, two more vehicles were also burnt in the said incident. The petitioner had committed a heinous offence and caused damage to other vehicles also. Hence, it is not appropriate to grant him bail. Making such submissions, the learned High Court Government Pleader for the respondent 3 State prays to reject the petition. - 6 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 7. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears from the record that the petitioner was riding his motorcycle on the date of the alleged incident, and he was asked to blow the breathalyser during night hours. But the petitioner refused to blow. However, there was a scuffle between the Petitioner and the Police. It is further noticed here that the vehicle of the petitioner had been parked in front of the Police Station, as he has refused to pay the fine. It is further alleged that the petitioner had set a fire on the motorcycle as a result of which the other two vehicles also got damaged in the said incident. However, on reading the averments of the complaint, it appears that the complainant was not the eyewitness to the incident. 8. Having considered the facts and circumstances of the case, it is appropriate to grant bail to the petitioner by imposing suitable conditions. - 7 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 9. Hence, I proceed to pass the following: ORDER (i) This Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.452/2025 filed by respondent-Police for offences punishable under Section 132, 324(5) and 326(g) of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the like sum of the satisfaction of the Investigating Officer. (iii) The petitioner shall appear before the jurisdictional Police within a period of one month from today to execute a - 8 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 personal bond and also to furnish surety. (iv) The petitioner shall co-operate with the investigation till the filing of the charge sheet. (v) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vii) The petitioner shall not commit any criminal cases till disposal of this case. - 9 - HC-KAR NC: 2026:KHC:15609 CRL.P No. 1600 of 2026 In case the petitioner violates any bail conditions stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM