Karnataka High Court
Mohana N vs State Of Karnataka on 17 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:9606
CRL.P No. 16902 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16902 OF 2025
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
MOHANA N.
S/O NARAYANASWAMY,
AGED 32 YEARS,
R/AT NO.255, UPPARA BEEDI,
NEAR WATER TANK, Y.K.MOOLE VILLAGE,
AMBALE POST, YALANDOOR TALUK,
CHAMARAJANAGAR - 571 441.
...PETITIONER
(BY SRI. VINOD KUMAR M., ADVOCATE)
AND:
STATE OF KARNATAKA
CHAMARAJANAGARA TOWN POLICE STATION,
CHAMARAJANAGARA,
REPRESENTED BY SPP,
Digitally signed by
LAKSHMINARAYANA HIGH COURT BUILDING,
MURTHY RAJASHRI BANGALORE - 560 001.
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA (BY SRI.MOHD. AYUB ALI, ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C
(UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL
IN THE EVENT OF BEING ARREST BY THEM IN CRIME
NO.132/2025 OF CHAMARAJANAGAR TOWN POLICE STATION,
PENDING ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC COURT, CHAMARAJANAGAR, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 310(2), 310(4) AND 61 OF
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NC: 2026:KHC:9606
CRL.P No. 16902 of 2025
HC-KAR
BNS, 2023, BY ACCEPTING SURETY OR IMPOSING ANY
CONDITIONS.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.7 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.132/2025 of Chamarajanagar Town Police Station registered for offences punishable under Sections 310(2), 310(4) and 61 of Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.
3. Learned counsel for petitioner would contend that, the petitioner is a Police Constable and he went along with accused No.6 - PSI to the spot. Accused No6 - PSI has been granted anticipatory bail. The petitioner is similarly placed to that of accused No.6 who has been -3- NC: 2026:KHC:9606 CRL.P No. 16902 of 2025 HC-KAR granted anticipatory bail. Therefore, the petitioner is entitled for grant of anticipatory bail on the ground of parity. With these, he prayed to allow the petition.
4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner being a Police Constable is involved in the alleged incident of robbery. The petitioner is required for custodial interrogation. The petitioner being a Police Constable instead of protecting the public against a crime has involved in commission of crime. With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.
6. This Court while granting anticipatory bail to accused No.6 in Criminal Petition No.16717/2025 by order dated 10.02.2026 has observed as under: -4-
NC: 2026:KHC:9606 CRL.P No. 16902 of 2025 HC-KAR "8. The case of the prosecution is that accused No.1 instigated the first informant to invest money on the promise of receiving double the amount invested. Believing the words of accused No.1, the first informant, along with cash of Rs.2,00,000/-, went to Room No.107 of Delhi Darbar Hotel, Chamarajanagar, wherein four persons, along with one person in police uniform, came and took a total cash of Rs.3,00,000/- and further demanded payment of Rs.1,00,000/-. The first informant also transferred a sum of Rs.70,000/- through Google Pay to the contact number 9449576887, which stands in the name of Syed Imran, accused No.3. There is recovery of Rs.50,000/- from accused No.2 and Rs.70,000/- from accused No.3.
9. The further statement of the complainant was recorded on 13.08.2025. In that, he has stated that after coming out of the police station at about 3.30 a.m., he received a sum of Rs.3,70,000/- in cash from an unknown person, who asked him to withdraw the complaint. The charge sheet does not indicate -5- NC: 2026:KHC:9606 CRL.P No. 16902 of 2025 HC-KAR that the first informant informing that he has received Rs.3,70,000/- immediately after filing the complaint at 03.30 a.m. to the Station House Officer. But he has stated the same on 13.08.2025 in his further statement. Even after receiving back the entire alleged robbed amount, there is a seizure of Rs.70,000/- and Rs.25,000/-
by the Investigating Officer.
10. It is submitted by the learned counsel for the petitioner that, as the complainant received back the entire robbed amount of Rs.3,70,000/- on the very day of the complaint and did not inform the same to the police immediately, which give rise to doubt regarding the bonafides of the complainant, therefore, the complaint is doubtful. The alleged transfer of Rs.70,000/- by way of Google Pay by the complainant is to the account of accused No.3. The investigation is over and charge sheet has been filed and therefore the petitioner is not required for any further custodial interrogation. The petitioner has undertaken to appear before the Trial Court and abide by any conditions to be imposed by this Court."
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NC: 2026:KHC:9606 CRL.P No. 16902 of 2025 HC-KAR
7. Accused No.6 is a PSI and he has been granted anticipatory bail. The petitioner is stated to have gone with accused No.6 to the spot. Accused No.5 who is another Constable who has gone with accused No.6 - PSI has also been granted anticipatory bail by order dated 16.02.2026 passed in Criminal Petition No.16575/2025. Now, the investigation is over and charge sheet has been filed. Therefore, the petitioner is not required for custodial interrogation. The petitioner has undertaken to appear before the trial Court on all dates of hearing and abide by any conditions to be imposed by this Court.
8. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;
ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.132/2025 of Chamarajanagar Town Police Station and is ordered to be -7- NC: 2026:KHC:9606 CRL.P No. 16902 of 2025 HC-KAR released on bail in the event of his arrest, subject to following conditions:
i) The petitioner shall voluntarily appear before the jurisdictional Court within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
iii) The petitioner shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 46