Karnataka High Court
Sri Rajesh vs The State Of Karnataka on 19 May, 2026
-1-
NC: 2026:KHC:24801
CRL.P No. 2289 of 2026
HC-KAR
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.
Digitally signed
by VINUTHA B 3. SRI. GOUTHAM,
S
Location: High
S/O JAYA NAIK,
Court of AGED ABOUT 30 YEARS,
Karnataka
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
-2-
NC: 2026:KHC:24801
CRL.P No. 2289 of 2026
HC-KAR
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
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
-3-
NC: 2026:KHC:24801
CRL.P No. 2289 of 2026
HC-KAR
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
-4-
NC: 2026:KHC:24801
CRL.P No. 2289 of 2026
HC-KAR
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.
-5-
NC: 2026:KHC:24801
CRL.P No. 2289 of 2026
HC-KAR
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:
ORDER
(i) The criminal petition is allowed.
-6-
NC: 2026:KHC:24801
CRL.P No. 2289 of 2026
HC-KAR
(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
-7-
NC: 2026:KHC:24801
CRL.P No. 2289 of 2026HC-KAR
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
VBS
List No.: 1 Sl No.: 73
