Abhishek vs The State Of Karnataka

Citation : 2026 Latest Caselaw 2806 Kant
Judgement Date : 1 April, 2026

[Cites 6, Cited by 0]

Karnataka High Court

Abhishek vs The State Of Karnataka on 1 April, 2026

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                                                            NC: 2026:KHC-K:2830
                                                       CRL.P No. 200446 of 2026


                      HC-KAR



                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                               DATED THIS THE 1ST DAY OF APRIL, 2026

                                              BEFORE
                               THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL PETITION NO.200446 OF 2026
                                      (439(Cr.PC)/483(BNSS))
                      BETWEEN:

                      ABHISHEK
                      S/O ABRAHAM SHAMBHUSHANKAR,
                      AGE: 20 YEARS, OCC: STUDENT (ITI),
                      R/O INDRA NAGAR AND SHIVANAGAR TOWN,
                      TQ: HUMNABAD, DIST: BIDAR-585401,
                      (BUT WRONGLY SHOWN AGE AS 28 YEARS)

                                                                  ...PETITIONER
                      (BY SRI SANJAY A. PATIL, ADVOCATE)

                      AND:

Digitally signed by
SHIVALEELA            THE STATE OF KARNATAKA
DATTATRAYA UDAGI      THROUGH HUMNABAD POLICE STATION,
Location: HIGH
COURT OF              HUMNABAD CIRCLE, DIST: BIDAR-585401,
KARNATAKA             REPRESENTED BY ADDL. SPP,
                      HIGH COURT OF KARNATAKA,
                      KALABURAGI BENCH.
                                                                 ...RESPONDENT
                      (BY SRI JAMADAR SHAHABUDDIN, HCGP)
                           THIS CRL.P. FILED U/S. 439 OF CR.P.C (OLD) U/S 483
                      OF BNSS (NEW), PRAYING TO ALLOW THE PETITION THERE BY
                      ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME
                      NO.36/2026 REGISTERED BY HUMNABAD POLICE STATION,
                      DISTRICT BIDAR, FOR THE OFFENCES PUNISHABLE U/SECS.
                      309(4), 309(6), 311 OF BNS-2023 AND SEC. 25(1)(A) OF
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                                             NC: 2026:KHC-K:2830
                                     CRL.P No. 200446 of 2026


HC-KAR



ARMS ACT, 1959 AS PER FIR (PENDING ON THE FILE OF PRL.
CIVIL JUDGE (JR.DN) AND JMFC COURT, HUMNABAD,
DISTRICT BIDAR).

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                         ORAL ORDER

Heard learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondent/State.

2. Accused No.3/petitioner has filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in Crime No.36/2026, registered by Humnabad Police, for the offences punishable under Sections 309(4), 309(6), 311 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1)(A) of the Arms Act, 1959, pending on the file of the Principal Civil Judge (Junior Division) and JMFC Court, Humnabad.

3. On the basis of the complaint filed by D. Nithin, Humnabad Police have registered the case in Crime -3- NC: 2026:KHC-K:2830 CRL.P No. 200446 of 2026 HC-KAR No.36/2026 against three unknown persons for the aforesaid offences. During the course of investigation, the Investigating Officer has arrested the accused i.e., on 19.02.2026. After interrogation, the Investigating Officer produced the accused before the Court and remanded them to judicial custody. Since then, the accused/petitioner is in judicial custody.

4. It is alleged that, on 19.02.2026 at around 02.00 a.m., in the midnight, this petitioner and two others have intercepted an Eicher Goods Vehicle bearing Registration No.TS-07/UK-7623 which was carrying 21 she-Buffalos at old Check Post on Kalaburagi State Highway road within the limits of Humnabad town and physically assaulted the complainant, who was driver of the said Eicher Van and another by name Iliyas and looted Rs.3,000/- hard cash, one Vivo Mobile phone, OnePlus Mobile phone and also the said Eicher Van containing 21 she- Buffalos from them by putting them in instant fear of death by showing deadly weapons. It is also alleged that -4- NC: 2026:KHC-K:2830 CRL.P No. 200446 of 2026 HC-KAR the petitioner and two others demanded a ransom of Rs.2,00,000/- from the owner of the complainant and took the complainant and his cousin, Iliyas, into their custody. It is further stated that the petitioner and two others have taken the complainant and his colleague on a Scooty in and around Humnabad town, and near Humanbad Bus Stop, they set the complainant and his colleague free upon seeing a police Van.

5. Learned High Court Government Pleader submits that there are prima facie material to attract the alleged offences. Hence, the petitioner is not entitled for bail.

6. The petitioner is not required for further investigation. The alleged offences are not punishable with death or imprisonment for life. Considering the nature and gravity of offences and the antecedents of the petitioner, I proceed to pass the following:

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NC: 2026:KHC-K:2830 CRL.P No. 200446 of 2026 HC-KAR ORDER The Criminal Petition is allowed. The petitioner/accused No.3 is directed to be enlarged on bail in Crime No.36/2026 of Humnabad Police Station, for the offences punishable under Sections 309(4), 309(6), 311 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1)(A) of the Arms Act, 1959, pending on the file of the Principal Civil Judge (Junior Division) and JMFC Court, Humnabad, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;
b) Petitioner shall not tamper with the prosecution witnesses or threaten the prosecution witnesses in any manner;
c) Petitioner shall not indulge in any similar offences in future.
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NC: 2026:KHC-K:2830 CRL.P No. 200446 of 2026 HC-KAR

d) The Registry is directed to send the copy of this order to the Trial Court.

Sd/-

(G BASAVARAJA) JUDGE RSP List No.: 1 Sl No.: 13 CT: BH