Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 890 (KAR)

MR.RAKESH GUPTA v. THE STATE OF KARNATAKA

CRL.P/14611/2025 · 2026-02-11

Shivashankar Amarannavar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:8413 CRL.P No. 14611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14611 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. RAKESH GUPTA S/O RAM BILASH GUPTA AGED ABOUT 51 YEARS 2. MRS. MAHIMA K.H W/O HEMANTH RAJU T AGED ABOUT 37 YEARS BOTH PETITIONERS ARE RESIDING AT NO.1024, 2ND MAIN 9TH CROSS, UDAYA NAGAR OLD MADRAS ROAD, BANGALORE KARNATAKA-560 016 …PETITIONERS (BY SRI. MILASH ARROL NORONHA, ADVOCATE FOR SMT. SEEMA SUDHEENDRAN C.K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA RAMAMURTHY NAGAR POLICE STATION BENGALURU REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BANGALORE-560 001 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8413 CRL.P No. 14611 of 2025 2. MR. HEMANT RAJU T AGED ABOUT 39 YEARS RESIDING AT NO.57 AND 58 3RD FLOOR, SRINIVAS NILAYA 2ND CROSS, DEVAKI APPA RAO LAYOUT RAMAMURTHY NAGAR BENGALURU KARNATAKA-560 016 3. MR. TILAKESH KUMAR K AGED ABOUT 36 YEARS LEGAL CUM PROBATIONARY OFFICER (LOP) DIRECTORATE OF CHILD PROTECTION UNIT BENGALURU (EAST), K.R. PURA BENGALURU, KARNATAKA-560 036 …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; SRI. ANAND S.H, ADVOCATE FOR R2 AND R3) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C (FILED UNDER SECTION 528 OF BNNS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.09.2025 PASSED BY THE LEARNED FTSC-1 CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.MISC.NO.7247/20252 AND EXTEND THE TIME FOR EXECUTION OF THE BAIL BOND PURSUANT TO THE ANTICIPATORY BAIL ORDER DATED 09.09.2025 IN CRL.MISC.NO.7247/2025 PASSED BY THE LEARNED FTSC-1 CITY CIVIL AND SESSIONS JUDGE BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR NC: 2026:KHC:8413 CRL.P No. 14611 of 2025 ORAL ORDER 1. This petition is filed under Section 482 of BNSS praying to grant anticipatory bail in crime No. 484/2025 of Ramamurthy Nagar Police Station registered for offence under Sections 8 and 12 of POCSO Act. 2. Heard learned counsel for petitioner, learned HCGP for respondent No. 1 - State and learned counsel for respondent Nos.2 and 3. 3. Learned counsel for petitioners submits that petitioners, at the crime stage, were granted anticipatory bail by order dated 09.09.2025 passed by the Special Court in Crl.Misc. No. 7247/2025 with conditions. Condition No. 1 was not complied within time. Petitioners sought modification of condition No. 1 and it came to be rejected. Learned counsel for petitioners further submits that now chargesheet has been filed and therefore petitioners are not required for custodial interrogation. With this he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:8413 CRL.P No. 14611 of 2025 4. Per contra learned counsel for respondent Nos. 2 and 3 would contend that petitioners were granted anticipatory bail earlier by the Special Court and therefore there is no question of again granting anticipatory bail by this Court. Petitioners have not complied condition No. 1 and their prayer for relaxation of condition No. 1 has been rejected by the Special Court by order dated 30.09.2025. Said order has not been challenged by the petitioners. Now chargesheet has been filed and therefore petitioners have to file fresh petition before the Special Court seeking bail/anticipatory bail. After filing the chargesheet, case has been registered in Spl.C. No. 2230/2025 and cognizance is taken against the petitioners and even in-spite of issuance of summons for more than eight times they have not appeared before the Special Court. Therefore, petitioners are not entitled for grant of anticipatory bail and their petition is not maintainable. 5. Having heard learned counsel for the parties the Court has perused the materials placed on record. - 5 - HC-KAR NC: 2026:KHC:8413 CRL.P No. 14611 of 2025 6. Petitioners were granted anticipatory bail at crime stage. In the said order granting anticipatory bail, the Special Court had imposed six conditions. Out of them, condition No. 1 reads as under: “The petitioners shall appear before the investigating officer within 15 days from the date of this order without fail and execute the bail bond.” 7. As per condition No. 1, petitioners had to appear before the Investigating Officer within 15 days from the date of the said order and execute bail bond. Petitioners have not complied the said condition. Petitioners had sought for relaxation of the said condition and the said prayer of petitioners has been rejected by the Special Court by order dated 30.09.2025. Said order has not been challenged by the petitioners. Petitioners who had earlier been granted anticipatory bail are not entitled to again seek grant of anticipatory bail. - 6 - HC-KAR NC: 2026:KHC:8413 CRL.P No. 14611 of 2025 8. Considering the above aspects, petition seeking anticipatory bail is not maintainable. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 4