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2026 DAILYLAW 51931 (KAR)

MR. SRIKANTHARAJU @ KANTHARAJU v. THE STATE OF KARNATAKA

CRL.P/17287/2025 · 2026-01-30

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5306 CRL.P No. 17287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 17287 OF 2025 BETWEEN: MR. SRIKANTHARAJU @ KANTHARAJU MR. C. R. SREEKANTHARAJU (SHOWN IN BAIL APPLICATION) S/O. LATE. C. V. RANGAPPA AGED ABOUT 60 YEARS RESIDING AT 4TH A CROSS HANUMANTHAPURA TUMKURU CITY - 572 140. …PETITIONER (BY SRI S. VICTOR MANOHARAN, ADV.) AND: THE STATE OF KARNATAKA BY KOLALA POLICE STATION TUMKURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTORS, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 DELETED V/C/O DTD:30.01.2026) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.5048/2025 (CRIME NO.101/2024) REGISTERED BY THE KOLALA POLICE STATION, TUMAKURU FOR AN OFFENCES P/U/S 532, 109, 13 OF BNS 2023 PENDING ON THE FILE OF THE IV ADDL.DISTRICT AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5306 CRL.P No. 17287 of 2025 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. This petition is filed under Section 483 of BNSS, 2023, with a prayer to enlarge the petitioner on regular bail in SC No.5048/2025, pending before the Court of IV Additional District and Sessions Judge, Tumakuru, sitting at Madhugiri, arising out of Crime No.101/2024 registered by Kolala Police Station, Tumakuru, for the offences punishable under Sections 352, 109 and 13 of BNS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.101/2024 was registered by Kolala Police Station, Tumakuru, against the petitioner herein for the offences punishable under Sections 109 and 352 of BNS, 2023 based on the first information dated 21.11.2024 submitted by Smt. Thimmarajamma, sister-in-law of the petitioner herein. Apprehending arrest in the said case, petitioner had filed anticipatory bail application before the jurisdictional Sessions Court which was rejected and therefore, he had approached - 3 - HC-KAR NC: 2026:KHC:5306 CRL.P No. 17287 of 2025 this Court in Crl.P.No.2212/2025 which was dismissed as not pressed on 19.06.2025 with liberty to the petitioner to surrender before the jurisdictional Court and file necessary application seeking regular bail. It appears that subsequently petitioner has surrendered before the jurisdictional Court on 16.07.2025 and his regular bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5248/2025 was rejected on 12.09.2025. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that in the earlier case registered for the offence punishable under Section 302 of IPC, the petitioner has been acquitted by this Court in Crl.A.No.1913/2016 disposed off on 17.03.2021. He submits that in the present case, injury suffered by the victim is simple in nature. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. - 4 - HC-KAR NC: 2026:KHC:5306 CRL.P No. 17287 of 2025 6. The allegation against the petitioner in the present case is that while he was in custody in the earlier criminal case registered against him for offence punishable under Section 302 of IPC, he had borrowed a sum of Rs.3,00,000/- from the first informant and on 21.11.2024, when the first informant had demanded repayment of the amount borrowed from her, petitioner allegedly abused her using filthy language and also assaulted her with a wooden repiece on her head and caused injuries. Undisputedly, the injured victim has suffered only simple injuries in the incident in question and her wound certificate is also available on record. Investigation of the case is completed and charge sheet has been filed. Petitioner is in custody for the last more than six months in the present case. 7. In the earlier criminal case which was registered against him for offence punishable under Section 302 of IPC and other offences punishable under IPC, it is brought to the notice of this Court that, for the offence punishable under Section 302 of IPC, petitioner has been acquitted by the Division Bench of this Court in Crl.A.No.1913/2016. Except the aforesaid two cases, he has no other criminal cases registered against him. Under - 5 - HC-KAR NC: 2026:KHC:5306 CRL.P No. 17287 of 2025 the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5048/2025, pending before the Court of IV Additional District and Sessions Judge, Tumakuru, sitting at Madhugiri, arising out of Crime No.101/2024 registered by Kolala Police Station, Tumakuru, for the offences punishable under Sections 352, 109 and 13 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2026:KHC:5306 CRL.P No. 17287 of 2025 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 7