- 1 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 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. 1409 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI DINESH S/O LATE RANGARAJU, AGED 32 YEARS, RESIDING AT MANGALADEVI NAGAR, MADIKERI TALUK, KODAGU DISTRICT-571 201 …PETITIONER (BY SRI. RAVICHANDRA S N., ADVOCATE) AND: THE STATE OF KARNATAKA MADIKERI TOWN POLICE STATION, REP., BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 of 2026 BENGALURU – 560 001. …RESPONDENT (BY SMT ANITHA GIRISH N., LEARNED HCGP) --- THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITHA (BNSS), 2023 PRAYING TO ENLARGE THE PETITIONER ON BAIL ON THE FILE PENDING BEFORE THE SENIOR CIVIL JUDGE AND CJM COURT OF MADIKERI, KODAGU DIST, IN CRIME NO.127/2025, FLED BY THE RESPONDENT POLICE ON 13/12/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 310(2), 127(2), 118(1), R/W SEC 3(5) OF BNS-2023, WHERE THE PETITIONER IS ARRAYED AS ACCUSED NO.2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 of 2026 ORAL ORDER 1. The petitioner, who is arraigned as accused No.2, is before this Court seeking for grant of regular bail in Crime No.127/2025 registered by the respondent-police for the offences punishable under Sections 310(2), 127(2), 118(1) r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by Sri Mahadeva H.P. s/o Puttamadaiah, stating that he was the resident of Chamarajpet, Bengaluru and working in an automobile shop at J.C. Road, Bengaluru. One and a half month prior to lodging the complaint, he had received a call from Rachana stating that “Are you a Principal?”. He replied that “He is not the Principal.” Thereafter, the said Rachana had sent her number and intended to make friendship with him. Both the complainant and Rachana had exchanged their photos through WhatsApp. - 4 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 of 2026 3. It is further stated that on 20.11.2025, the complainant had received a WhatsApp message stating that accused No.1 was coming to Rajarajeswari Dental Hospital, Bengaluru and asked the complainant to meet her. He went there and met her around 02.20 p.m. Then, he was requested to pay Rs.5,000/-, as she was suffering from financial crisis. Accordingly, he had paid the amount of Rs.5,000/- through GooglePay. In all, she had received Rs.10,000/- from the complainant. 4. On 12.12.2025, around about 8.00 a.m., Rachana had called him and asked him to go to Madikeri. He went to Madikeri and waiting for her call to go to her house. Around about 10.30 p.m., he was asked to come near Nakshatra Super Market, Madikeri. He went to the location of which he had received on WhatsApp. Accused No.1 took the complainant to her house and they were talking with each other. In the meantime, around about 11.45 p.m., the complainant had heard the sound of an autorickshaw. The persons who came in the autorickshaw - 5 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 of 2026 entered inside the house. They were introduced as brother and mother of accused No.1. 5. The so-called brother of accused No.1 had sent both accused Nos.1 and 5 outside the house and called accused Nos.3 and 4 to the house. All the accused had confined the complainant in the room and assaulted, intimidated and insulted by making videograph of the bare body of the complainant. However, the complainant had managed to escape from the clutches of the accused and went to police station and lodged a complaint. 6. On the basis of the complaint, the respondent – Police have registered F.I.R. in Crime No.127/2025 for the aforesaid offences. 7. Heard Mr. Ravichandra S.N., learned counsel for the petitioner and Mrs. Anitha Girish N., HCGP, for respondent - State. - 6 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 of 2026 8. It is the submission of the learned counsel for the petitioner that, the petitioner is arraigned as accused No.2. Though it is alleged that he along with others had assaulted the complainant, the fact remains that a bald and baseless allegations are made against the petitioner. 9. It is further submitted that the complainant in fact had been to Madikeri taking advantage of friendship with accused No.1 was trying to outrage her modesty. When it was questioned by the accused/petitioner along with others, a false complaint had been lodged against the petitioner in order to implicate in the false case. 10. It is further submitted that the petitioner is innocent of the alleged offence. He is working as an Auto Driver and he is the earning member of the family. If the petitioner is enlarged on bail, he will abide the conditions imposed by this Court. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 7 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 of 2026 11. Per contra, learned High Court Government Pleader for respondent - State vehemently submitted that the petitioner is arraigned as accused No.2. He is the main accused in this case. He has committed the offences stated supra along with other accused. If the petitioner is enlarged on bail, there may be chances of threatening the prosecution case. Hence, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 12. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and other materials on record, it appears from the record that the complainant had been to Madikeri on receiving the invitation by accused No.1. Though it is alleged that the petitioner and others had assaulted him and committed the offences as stated supra, the fact remains that when the complainant was with the accused No.1, the petitioner was invited by accused No.1 and she - 8 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 of 2026 narrated the incident to the petitioner. Thereafter, she went along with accused No.5 outside the house. 13. Be that as it may, the manner in which the complainant narrate the incident would sufficient to grant bail to the petitioner by imposing suitable conditions. 14. 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 Crime No.127/2025 of respondent-police for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court. - 9 - HC-KAR NC: 2026:KHC:15979 CRL.P No. 1409 of 2026 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM