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2026 DAILYLAW 52190 (KAR)

SRI. V. RAKESH v. STATE OF KARNATAKA

CRL.P/17540/2025 · 2026-01-09

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1260 CRL.P No. 17540 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17540 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. V. RAKESH AGED ABOUT 41 YEARS S/O K VENKATESH No. K 83, 13TH CROSS 1ST BLOCK, RAJAJINAGAR BANGALORE - 560 010. …PETITIONER (BY SRI VASANTH KUMAR N, ADVOCATE) AND: 1. STATE OF KARNATAKA ANNAPOORNESHWARI NAGAR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI MOHD. AYUB ALI, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN TEH EVENT OF ARREST FROM THE RESPONDENT POLICE IN CR.No.461/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 318(4), 336(3), 336(2) R/W 3(5) OF BNS, 2023. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1260 CRL.P No. 17540 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.461/2025 of Annapoorneshwari Nagar Police Station registered for offences punishable under Sections 316(2), 318(4), 336(3), 336(2) read with Section 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner has filed complaint against the complainant and others of kidnapping him and taking cheques registered in Crime No.175 of 2025. Therefore, a false complaint has been registered against him in order to take revenge. Offences alleged against the petitioner are - 3 - HC-KAR NC: 2026:KHC:1260 CRL.P No. 17540 of 2025 not punishable either with death or imprisonment. The petitioner is ready to co-operate with the police in the investigation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent -State would contend that the petitioner even after getting Rs.84,00,000/- to get bar licence to the complainant did not get the said licence and created false bills, documents and cheated the complainant and made a false complaint of kidnapping. The matter is under investigation. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused FIR, complaint and other materials placed on record. 6. The petitioner is stated to have received Rs.84,00,000/- from the complainant in order to get bar licence and he cheated them by not getting license and - 4 - HC-KAR NC: 2026:KHC:1260 CRL.P No. 17540 of 2025 nor repaying the amount received from the complainant. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.461/2025 of Annapurneshwari Nagar Police Station subject to following conditions: a) The petitioner –accused No.1 shall appear before the Investigating Officer within 15 - 5 - HC-KAR NC: 2026:KHC:1260 CRL.P No. 17540 of 2025 days from this day and execute a bail bond for sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.1 shall cooperate in the investigation and appear before the investigating Officer whenever called for. c) The petitioner –accused No.1 shall directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 11 Ct.sm