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2026 DAILYLAW 43485 (KAR)

SRI.DARSHAN v. THE STATE OF KARNATAKA

CRL.A/1580/2026 · 2026-09-25

G Basavaraja

Criminal Appealbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010655872026 NC: 2026:KHC:53171 CRL.A No. 1580 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1580 OF 2026 (U/S 14(A) (2)) BETWEEN: 1. SRI. DARSHAN, S/O MALLU, AGED ABOUT 22 YEARS, R/A: #66, 11TH WARD, SUNNADAKERI, GUNDLUPET VTC & PO, GUNDLUPET TALUK, CHAMARAJANAGAR-571 111. (UNDER DURESS AT DISTRICT PRISON, CHAMARAJANAGARA) …APPELLANT (BY SRI. H.C.SHIVARAMU, ADVOCATE A/W SRI. S.P.KESHAVA CHANDRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE STATION HOUSE OFFICER, GUNDLUPETE POLICE STATION, CHAMARAJANAGAR SUB-DIVISION, CHAMARAJANAGAR-571 111. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560 001. 2. MR. RAJESH C., S/O CHIKKAMADA, AGED ABOUT 27 YEARS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010655872026 NC: 2026:KHC:53171 CRL.A No. 1580 of 2026 R/A: SWEEPER STREET, HUNASETOPU, DUMDASANAPURA, GUNDLUPET TOWN, CHAMARAJANAGAR-571 111. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1) THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT R/W SECTION 483 OF BNSS, 2023 PRAYING TO ALLOW THIS CRIMINAL APPEAL AND SET ASIDE THE ORDER DATED 28.08.2026 PASSED BY THE PRL. DISTRICT & SESSIONS JUDGE, CHAMARAJANAGAR IN SPL.C.NO.270/2024 AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the order passed by the Prl. District and Sessions Judge, Chamarajanagar, in Spl.C.No.270/2024 dated 28.08.2026. 2. It is submitted by the learned counsel for the appellant that accused no.1-Darshan, who is the appellant herein, was released on bail by the Principal District and - 3 - HC-KAR CNR: KAHC010655872026 NC: 2026:KHC:53171 CRL.A No. 1580 of 2026 Sessions Judge, Chamarajanagar as per order dated 15.10.2024. On 17.06.2026, accused no.1 was absent. Hence, the trial Court issued NBW to accused no.1 and case was posted to 12.08.2026. That on 03.07.2026, NBW was executed and accused no.1 was produced before the Court. The Court has remanded him to judicial custody. Then, appellant filed bail application under Section 483 of BNSS, 2023. Same came to be rejected by the Sessions Court by order dated 28.08.2026. Being aggrieved by the said order, the appellant has preferred this appeal. 3. It is submitted by the learned counsel for the appellant that the sole default or his non-appearance on 17.06.2026 was occasioned by the ill health of his mother and it was neither deliberate nor with any intention to abscond or evade the process of law. The appellant is ready to abide the conditions that may be imposed by the Court. Hence, he has sought for allow this appeal. - 4 - HC-KAR CNR: KAHC010655872026 NC: 2026:KHC:53171 CRL.A No. 1580 of 2026 4. Considering the granting of bail to the appellant/accused no.1 on earlier occasion and submission of learned counsel for the appellant, it is just and proper to allow this appeal. Hence, I proceed to pass the following: ORDER i. The appeal is allowed; ii. The impugned order passed by the Principal District Court and Sessions Judge, Chamarajanagar dated 28.08.2026 in Spl.C.No.270/2024 is hereby set aside; iii. Consequently, bail application filed under Section 483 of BNSS, 2023 is allowed; iv. The appellant/accused no.1 shall be released on bail on executing a self-bond of Rs.50,000/- with one surety for like sum to the satisfaction of the trial Court; v. The appellant shall appear before the trial Court on all the dates of hearing without fail; - 5 - HC-KAR CNR: KAHC010655872026 NC: 2026:KHC:53171 CRL.A No. 1580 of 2026 vi. The appellant shall not tamper or threaten the prosecution witnesses in any manner; Registry is directed to communicate this order to the trial Court. Sd/- (G BASAVARAJA) JUDGE PGG List No.: 1 Sl No.: 9