Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010661622026 NC: 2026:KHC:53873 CRL.P No. 14636 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14636 OF 2026 BETWEEN:
1.
MR. THIRUKUMARAN NAGARAJAN S/O NAGARAJAN DEVARAJ AGED ABOUT 41 YEARS (REP.BY MOTHER AND APPOINTED LEGAL GUARDIAN/NEXT FRIEND) R/A. FLAT NO. D-504 PURVA WHITE HALL SARJAPUR ROAD, AMBALIPURA BENGALURU - 560 035.
2.
MRS. KASTHURI NAGARAJAN W/O NAGARAJAN DEVARAJ AGED ABOUT 66 YEARS R/A FLAT NO. D-504 PURVA WHITE HALL SARJAPUR ROAD, AMBALIPURA BENGALURU - 560 035.
3.
MR. NAGARAJAN DEVARAJ S/O DEVARAJ AGED ABOUT 68 YEARS R/A. FLAT NO. D-504 PURVA WHITE HALL SARJAPUR ROAD, AMBALIPURA BENGALURU - 560 035. …PETITIONERS (BY SRI V. MOHAN, ADV.) AND:
1.
STATE OF HARYANA LHC NEELAM 493/GGM P.S. WOMEN WEST, GGM GURUGRAM, HARYANA - 122 001 (NAME AND DESIGNATION OF OFFICER IN-CHARGE)
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010661622026 NC: 2026:KHC:53873 CRL.P No. 14636 of 2026
2.
STATE OF KARNATAKA BY SARJAPUR POLICE STATION BANGALORE CITY, SPP HIGH COURT BUILDING, BANGALORE - 560 001 …RESPONDENTS (BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THE PETITIONERS TRANSIT ANTICIPATORY BAIL FOR THREE MONTHS BY DIRECTING THE RESPONDENT 1 AND 2 TO RELEASE THE PETITIONERS 1, 2 AND 3 IMMEDIATELY IN THE EVENT OF THEIR ARREST IN CONNECTION WITH FIR NO.108 DATED 12.08.2026, REGISTERED AT P.S. WOMEN WEST, GURUGRAM, HARYANA / REPONDENT 1, U/S 85, 351(3), AND 3(50 OF THE BSN,
2023.
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 Nos.1 to 3 are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking transit anticipatory bail, in Crime No.108/2026 registered by Women West Police Station, GGM, Gurugram, Haryana, for the offences punishable under Sections 85, 351(3) read with Section 3(5) of BNS, 2023.
2. Heard the learned counsel for the parties.
3. First informant in the present case is the wife of accused No.1 and based on her first information, FIR in Crime
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HC-KAR
CNR: KAHC010661622026 NC: 2026:KHC:53873 CRL.P No. 14636 of 2026
No.108/2026 was registered as aforesaid. Petitioners, who have received enquiry notice in the said case from the police intend to approach the jurisdictional Court seeking anticipatory bail. In
order to enable them to approach the said Court, they are before this Court, seeking transit anticipatory bail since they apprehend arrest by the respondent - Police on their way to Haryana to apply for anticipatory bail.
4.
Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that accused No.1, who is the husband of the first informant is bedridden for the last nearly four years. 5. Medical documents of accused No.1 produced in support of the aforesaid condition would go to show that he had suffered a cardiac arrest on 24.05.2022 and ever since then, he is bedridden and he is dependent on others for his day-to-day activities and there is significant weakness in his upper and lower limbs for which he is taking treatment for the last four years. - 4 -
HC-KAR
CNR: KAHC010661622026 NC: 2026:KHC:53873 CRL.P No. 14636 of 2026
6. Accused Nos.2 and 3 are the aged parents of accused No.1. Since accused Nos.1 to 3 intend to approach the jurisdictional Court seeking anticipatory bail in the aforesaid case, so as to enable them to approach the jurisdictional Court, some interim protection is required to be given having regard to the apprehension expressed by them. The law in this regard has been laid down by the Hon'ble Supreme Court in the case of Priya Indoria vs. State of Karnataka and Others - (2024) 4 SCC 749. Under the circumstances, I am of the opinion that if limited protection is granted to the petitioners for the purpose of enabling them to approach the jurisdictional Sessions Court and file necessary application seeking anticipatory bail in the above case, the same would serve the ends of justice. Accordingly, the following order:-
7. The petition is allowed. Petitioners are granted transit anticipatory bail for a period of four weeks from the date of receipt of the certified copy of this order, so as to enable them to approach the jurisdictional Court seeking anticipatory bail in Crime No.108/2026 registered by Women West Police Station, GGM, Gurugram, Haryana, for the offences punishable under
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HC-KAR
CNR: KAHC010661622026 NC: 2026:KHC:53873 CRL.P No. 14636 of 2026
Sections 85, 351(3) read with Section 3(5) of BNS, 2023. In the meanwhile, in the event of their arrest in the above case by respondent-Police or any other Police, they shall be released, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer;
b) The petitioners shall cooperate with the police for the purpose of investigation.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN List No.: 1 Sl No.: 93