- 1 - HC-KAR NC: 2026:KHC:9461 CRL.P No. 171 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 171 OF 2025 BETWEEN: 1. S C BASAVARAJU @ S C BASAVARAJAIAH, S/O. LATE. CHENNALINGAPPA, AGED ABOUT 84 YEARS, R/AT NO.890, DR. M.C.MODI HIOSPITAL ROAD, MAHALAXMIPURAM POST, BENGALURU - 560 086. …PETITIONER (BY SRI. DESHPANDE AMIT ANAND, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KADUR POLICE STATION, REPTD. BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. CRIMINAL OF INVESTIGATION DEPARTMENT (CID), CALRTON HOUSE, PALACE ROAD, BENGALURU - 560 001. REPTD. BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 3. RAMESH D.V., S/O. VENKATASWAMY, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9461 CRL.P No. 171 of 2025 AGED ABOUT 42 YEARS, R/AT DODDANAYAKANAHALLI, MALLAPURA POST, YAGATI HOBLI, KADUR TALUK, CHIKKAMGALURU DISTRICT - 577 140. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, ADVOCATE) THIS CRL.P IS FILED U/S.439(2) (FILED U/S.483(2) BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS CRIMINAL PETITION BY CANCELLING THE BAIL IN OLD CRIME NO.288/2023 AND NEW CRIME NO.8/2024 REGISTERED BY THE CID POLICE FOR THE OFFENCE P/US/ 120-B, 420, 465, 468, 471 OF IPC 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The defacto-complainant is before this Court in this Criminal Petition filed under Section 439(2) of Cr.PC with a prayer to set aside the order dated 26.12.2023 passed in Crime No.288/2023 by the Court of the Principal Civil Judge and JMFC, Kadur and the order dated 23.11.2024 - 3 - HC-KAR NC: 2026:KHC:9461 CRL.P No. 171 of 2025 passed in Crl.RP.No.283/2023 by the Court of I Additional District and Sessions Judge, Chikkamagaluru. 2. Heard the learned counsel for the parties. 3. FIR was registered by Kadur Police Station, Chikkamagaluru against respondent No.3 herein and others for offences punishable under Sections 120B, 420, 465, 468, 471 of IPC. In the said case, the Jurisdictional Magistrate vide order impugned dated 26.12.2023 had granted regular bail to respondent No.3 herein who is arraigned as accused No.1 in Crime No.288/2023 and the said order was unsuccessfully challenged by the defacto-complainant before the Court of I Additional District and Sessions Judge, Chikkamagaluru in Crl.RP.No.283/2023. It is under these circumstances, the defacto-complainant is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the anticipatory bail application filed by respondent No.3 - 4 - HC-KAR NC: 2026:KHC:9461 CRL.P No. 171 of 2025 herein in Crl.P.No.11966/2023 was dismissed as withdrawn before this Court on 20.12.2023 with liberty to surrender before the Jurisdictional Court and file necessary application seeking regular bail. He submits that learned Magistrate without appreciating the seriousness of the allegations made against the accused, had allowed bail application filed under Section 437 of Cr.PC on the same day. He submits that absolutely no reasons were assigned by the learned Magistrate to grant regular bail to accused No.1. Learned District Judge has failed to appreciate the said aspect of the matter and has erred in dismissing Crl.RP.No.283/2023. Accordingly, he prays to allow this petition. 5. Per contra, learned counsel for respondent No.3 submits that investigation of the case is already completed and charge sheet is now filed against respondent No.3 and others by CID Police in Crime No.8/2024. Therefore, at this stage, it is not necessary to cancel the bail granted to respondent No.3, since he has co-operated with the police - 5 - HC-KAR NC: 2026:KHC:9461 CRL.P No. 171 of 2025 for the purpose of investigation. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against respondent No.3 and others by Kaduru Police Station, Chikkamagaluru in Crime No.288/2023 for offences punishable under Sections 120B, 420, 465, 468 and 471 of IPC. It appears that subsequently the case was transferred to CID Police and FIR was registered in Crime No.8/2024. In the said case, after completing investigation, charge sheet is now filed for the aforesaid offences against respondent No.3 and others. Therefore, it is apparent that respondent No.3, who is arrayed as accused No.1 in the FIR has co-operated with the police for the purpose of investigation. Though, the order passed by the learned Magistrate dated 26.12.2023 granting regular bail to accused No.1 in Crime No.288/2023 is bereft of any reason for granting bail to the accused, since, respondent No.3 who is arraigned as accused No.1 in the FIR has complied the bail conditions and also co-operated with the - 6 - HC-KAR NC: 2026:KHC:9461 CRL.P No. 171 of 2025 police for the purpose of investigation, I am of the opinion that at this stage it may not be necessary to interfere with the said order only for the reason that learned Magistrate has not passed a reasoned order while granting bail to accused No.1. It is also necessary to take into consideration that the maximum punishment for the alleged offences is imprisonment for a period of seven years and the said offences are triable by the Court of Magistrate. 7. For the purpose of cancellation of the bail granted to the accused, which has got serious consequences, the court needs to consider the gravity of offence, the antecedents of the accused, his conduct after release on bail and also the supervening circumstances. In the present case undisputedly, the petitioner has complied the bail conditions and has co-operated with the police for the purpose of investigation. As stated earlier the alleged offences are not very grave in nature. Under the circumstances, I am of the opinion that this petition needs - 7 - HC-KAR NC: 2026:KHC:9461 CRL.P No. 171 of 2025 to be dismissed. Accordingly, the Criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 2