Karnataka High Court
CRL.P/2289/2026 of SRI RAJESH Vs THE STATE OF KARNATAKA on 19 May 2026
NC: 2026:KHC:24801 CRL.P No. 2289 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION No. 2289 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI RAJESH, S/O SHEKHAR, AGED ABOUT 28 YEARS, R/AT
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CRIMINAL PETITION No. 2289 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1.
SRI RAJESH,
S/O SHEKHAR,
AGED ABOUT 28 YEARS,
R/AT THEKKIHETTU HOUSE,
PANDU VILLAGE, BANTWAL TALUK,
D.K DISTRICT 574211.
2.
SRI. RAKESH POOJARY @ RAKESH,
S/O SHEKHAR,
AGED ABOUT 30 YEARS,
R/AT MODANKAPU HOUSE,
B. MOODA VILLAGE, BANTWALA TALUK,
D.K DISTRICT-574211.
3.
SRI. GOUTHAM,
S/O JAYA NAIK,
AGED ABOUT 30 YEARS,
R/AT SUBHAS NAGARA HOUSE,
KUTTHAR VILLAGE, SAJIPAMUNNUR VILLAGE,
BANTWAL TALUK, D.K DISTRICT- 574211.
…PETITIONERS
(BY SRI NISHANT S.K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
THROUGH BANTWAL TOWN PS,
REPRESENTED BY SPP
Digitally signed
by VINUTHA B
S
Location: High
Court of
Karnataka
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HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BENGALURU - 560001.
…RESPONDENT
(BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C (U/S
482 BNSS) PRAYING TO ALLOW THIS CRL.P AND DIRECT THE
RESPONDENT
BANTWAL
TOWN
P.S.,
TO
RELEASE
THE
PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THIS
ARREST IN CONNECTION WITH CR.No.153/2025 REGISTERED
WITH THE RESPONDENT BANTWAL TOWN P.S., FOR THE
OFFENCES P/U/S 118,308(4),351(2) R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF LEARNED ADDL. CIVIL JUDGE
(JR.DN) AND JMFC COURT, BANTWAL, D.K.
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
Heard Sri S.K. Nishan, learned counsel for the petitioners and Smt. Rashmi Patel, learned High Court Government Pleader for the respondent-State.
2. This petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioners/accused Nos.1, 2 and 3 seeking grant of anticipatory bail in Crime No.153/2025 dated 28.12.2025 registered by the Bantwala Town Police Station, Dakshina Kannada, for the offences
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punishable under Sections 118(1), 308(4), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. A complaint dated 28.12.2025 was filed against the petitioners alleging demand of Rs.50,000/- per month by the accused persons from the complainant and threatened to kill him if the amount was not paid and also alleging that the accused persons assaulted the complainant with beer bottles. Based on the said complaint, the above crime came to be registered for the aforesaid offences. Apprehending arrest at the hands of the police, the petitioners have filed the present petition seeking anticipatory bail.
4. Sri. Nishant S.K., learned counsel appearing for the petitioners submits that the allegations made in the complaint are false and are intended only to implicate the petitioners. He further submits that the complaint does not disclose the ingredients of the alleged offences. It is contended that the petitioners are ready to cooperate with the investigation and that their custodial interrogation is not required. He further submits that if anticipatory bail is not granted and the
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petitioners are taken into custody, the same would seriously affect their personal liberty. 4.1 Learned counsel for the petitioners, placing reliance on the judgment of the Hon’ble Supreme Court in Abhimanue v. State of Kerala, 2025 SCC OnLine SC 2037, contends that the criminal antecedents of the petitioners cannot, by themselves, constitute a sufficient ground to deny bail.
5. Per contra, Smt. Rashmi Patel, learned High Court Government Pleader appearing for the respondent-State submits that if the petitioners are granted anticipatory bail, there is every likelihood of their not cooperating with the investigation and also threatening the complainant. It is further submitted that the petitioners are involved in a number of criminal cases and that, if granted anticipatory bail, they may continue to indulge in similar illegal activities.
6. Considered the submissions made by the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
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7. Prima facie, a perusal of the complaint indicates the allegations that the petitioners demanded Rs.50,000/- from the complainant while they were in a bar and also threw beer bottles on the road and towards the complainant. Except these allegations, there is no prima facie material placed on record necessitating custodial interrogation of the petitioners. The contention of the respondent-State that the petitioners may not be available and not cooperate with the investigation, if enlarged on anticipatory bail, cannot by itself be a ground to reject the prayer for anticipatory bail, particularly when their presence for investigation can be secured by imposing appropriate conditions.
8. In light of the above observations and upon examination of the material placed on record, this Court is of the opinion that the petitioners have made out a case for grant of anticipatory bail. Accordingly, the following:
O R D E R
(i) The criminal petition is allowed.
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(ii) In the event of arrest of the petitioners/accused Nos.1, 2 and 3 in Crime No.153/2025 registered by Bantwala Town Police Station, Dakshina Kannada, for the offences punishable under Sections 118(1), 308(4), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, they shall be enlarged on bail subject to the following conditions:
(a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety each for the likesum to the satisfaction of the Investigating Officer.
(b) The petitioners shall appear before the Investigating Officer within a period of Fifteen days from the date of this order to execute the personal bond and also to furnish surety.
(c) The petitioners shall co-operate with the investigation as and when it is required.
(d) The petitioners shall appear before the Trial Court on all hearing dates without fail.
(e) The petitioners shall not threaten the prosecution witnesses nor hamper the Court proceedings. In case the petitioners violates any of the bail conditions as stated above, liberty is reserved to
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the prosecution to file necessary application for cancellation of bail.
(f) The petitioners shall not involve in any offences in future.
Sd/- (K. V. ARAVIND) JUDGE
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