Karnataka High Court
CRL.P/6517/2026 of G O KANTHARAJ Vs THE STATE OF KARNATAKA on 21 May 2026
NC: 2026:KHC:25218 CRL.P No. 6517 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION NO. 6517 OF 2026 BETWEEN: 1. G.O. KANTHARAJ S/O. ONKARAPPA G.D., AGED ABOUT 58 YEARS, OCCUPATION
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CRIMINAL PETITION NO. 6517 OF 2026
BETWEEN:
1.
G.O. KANTHARAJ
S/O. ONKARAPPA G.D.,
AGED ABOUT 58 YEARS,
OCCUPATION AGRICULTURIST,
R/AT. NEAR ANJANEYA TEMPLE,
KADLEGUDDU VILLAGE,
CHITRADURGA KASABA,
CHITRADURGA DISTRICT - 577 501.
2.
SARITHA. L.
W/O. KANTHARAJ G.O.,
AGED ABOUT 43 YEARS,
OCCUPATION HOUSEWIFE,
R/AT. NEAR ANJANEYA TEMPLE,
KADLEGUDDU VILLAGE,
CHITRADURGA KASABA,
CHITRADURGA DISTRICT - 577 501.
…PETITIONERS
(BY SRI. SHIVA KUMAR N., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY BARAMASAGAR POLICE STATION,
CHITRADURGA DISTRICT,
REP. BY THE STATE PUBLIC PROSECUTOR,
Digitally
signed by
VINUTHA B S
Location: High
Court of
Karnataka
HC-KAR
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
…RESPONDENT
(BY SMT. M.M. WAHEEDA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONERS ON BAIL IN CR.NO.136/2026 REGISTERED BY
BHARAMASAGAR P.S., FOR THE OFFENCES P/U/S 103(1), 45, 126(2) R/W 3(5) OF BNS, 2023, BY SETTING ASIDE THE
ORDER DTD 15.04.2026 IN CRL.MISC.NO.328/2026 PASSED BY
THE PRL. DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
This petition under section 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, 'BNSS 2023') is by accused Nos.2 and 3 in Crime No.136/2026 registered by the Bharamasagara police station, Chitradurga district, for offences punishable under Sections 103(1), 45, 126(2) read with Section 3(5) BNS 2023.
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2. A complaint was filed alleging assault by accused No.1. After the registration of the FIR, the petitioners were arrested on 24.03.2026 and remained in custody till date.
3. Sri N. Shivakumar, learned counsel appearing for the petitioners, submits that the petitioner/accused Nos.2 and 3 are the parents of accused No.1. It is submitted that as per the complaint and the eye-witnesses, the alleged crime was committed by accused No.1 and the petitioners were not present at the crime scene. It is further submitted that the petitioners have been implicated in the criminal case without any primary evidence.
4. Learned High Court Government Pleader submits that if the petitioners are enlarged on bail, they would indulge in tampering with evidence and may not cooperate for further investigation and also for the trial.
5. Considering the submissions made by the learned counsel for the parties, as can be seen from the FIR registered based on the information given by the eyewitness, the alleged act was committed by accused No.1. Prima facie there is no
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evidence to prove the presence of the petitioners in the place of crime and their overt act. This Court is of the view that in the absence of any prima facie evidence, there is no requirement for the custody of accused Nos.2 and 3. The submissions made by the learned High Court Government Pleader that they may indulge in tampering with evidence and may not cooperate in the investigation can be safeguarded by appropriate conditions.
6. In the light of the above, this Court passes the following:
ORDER
i. The criminal petition is allowed; ii. The petitioners/accused Nos.2 and 3 are ordered to be enlarged on bail in Crime No.136/2026 by the respondent-police for the aforesaid offences on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the Trial Court;
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iii. The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court; iv. The petitioners shall appear before the Trial Court on all hearing dates without fail, unless exempted; v. The petitioners shall not involve in any criminal cases.
In case, if the petitioners violate any of the bail condition as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/- (K. V. ARAVIND) JUDGE
HDK List No.: 1 Sl No.: 105