Karnataka High Court
Sri. Jagadish Prashad Rajguru vs State Of Karnataka By on 25 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:11843
CRL.P No. 11439 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 11439 OF 2025
[(439(2)(Cr.PC) / 483(3)(BNSS)]
BETWEEN:
SRI. JAGADISH PRASHAD RAJGURU
S/O LATE R.N. RAJGURU,
AGED ABOUT 65 YEARS,
RESIDING AT 702, OAK,
SJR PARK VISTA APTS.,
HARLUR ROAD,
BENGALURU - 560 102.
...PETITIONER
(BY SRI. MAHESH Y.L., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BELLANDUR POLICE STATION,
Digitally signed by
REPRESENTED BY STATE PUBLIC PROSECUTOR,
LAKSHMINARAYANA HIGH COURT OF KARNATAKA,
MURTHY RAJASHRI
Location: HIGH
BENGALURU - 560 001.
COURT OF
KARNATAKA
2. SRI. RAHUL BABURAO NARVEKAR
S/O SRI. BABURAO SAMBHAJI NARVEKAR,
AGED ABOUT 53 YEARS,
R/A HOUSE NO.268, NIRVAN COUNTRY,
SECTOR 50, GURUGRAM,
HARYANA.
...RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. S. NARENDRA, ADVOCATE FOR R2)
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NC: 2026:KHC:11843
CRL.P No. 11439 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439(2) (FILED
UNDER SECTION 483(3) BNSS) CR.P.C PRAYING TO CANCEL
THE BAIL GRANTED TO ACCUSED NO.1/RESPONDENT NO.2 IN
THE ORDER DATED 09.07.2025 PASSED BY THE LXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY (CCH-70) IN CRL.MISC.NO.5218 OF 2025 (AT ANNEXURE
-A) AND ETC.
THIS PETITION COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed under Section 483(3) of Bharatiya Nagrika Suraksha Sanhita, 2023 by the defacto complainant praying to cancel the bail granted to respondent No.2/accused No.1 passed in Criminal Miscellaneous No.5218/2025 by order dated 09.07.2025 by LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70).
2. Heard learned counsel for petitioner and learned counsel for respondent No.2. -3-
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3. Learned counsel for petitioner would contend that, respondent No.2 has been granted anticipatory bail by order dated 09.07.2025 in Criminal Miscellaneous No.5218/2025 by LXIX Additional City Civil and Sessions Judge, Bengaluru by imposing several conditions. Respondent No.2 has not complied with the said conditions. Therefore, the bail granted to the respondent No.2 is required to be cancelled.
4. Learned counsel respondent No.2 would contend that after grant of anticipatory bail by the said order dated 09.07.2025, as one of the conditions imposed is onerous to respondent No.2, he sought relaxation of the conditions in Criminal Miscellaneous No.8159/2025 and the said petition came to be allowed by order dated 03.10.2025 and one of the conditions to furnish one Government servant as surety has been relaxed. Thereafter, he furnished surety before the trial Court on 21.11.2025. Respondent No.2 could not comply the other conditions due to his ill health. Respondent No.2 was -4- NC: 2026:KHC:11843 CRL.P No. 11439 of 2025 HC-KAR suffering from cardiac and other ailments. Respondent No.2 pursuant to the notice dated 31.01.2026 issued by Police Inspector, Bellandur Police Station, Bengaluru under Section 35(3) of BNSS has appeared before the Investigating Officer on 06.02.2026 with his advocate and Investigating Officer has recorded his statement and again he appeared before the Investigating Officer on 08.02.2026.
5. Having heard the learned counsels appearing for parties, the Court has perused the materials placed on record.
6. Respondent No.2 has been granted anticipatory bail in respect of Crime No.153/2025 of Bellandur Police Station as per order dated 09.07.2025 passed in Criminal Miscellaneous No.5218/2025 subject to the following conditions:
"a) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like sum, of -5- NC: 2026:KHC:11843 CRL.P No. 11439 of 2025 HC-KAR which at least one surety shall be a local government servant, to the satisfaction of the Investigating Officer or the jurisdictional Magistrate.
b) The petitioner shall appear before the Investigating Officer as and when called for and shall fully cooperate with the investigation.
c) The petitioner shall not directly or indirectly induce, threaten, or make any promise to any witness acquainted with the facts of the case.
d) The petitioner shall not tamper with the evidence or hamper the investigation in any manner.
e) The petitioner shall not leave the jurisdiction of the Court without prior permission and shall keep his mobile number active and share his live location with the IO during the investigation.
f) The petitioner shall report before the Investigating Officer on the first and third Saturday of every calendar month between -6- NC: 2026:KHC:11843 CRL.P No. 11439 of 2025 HC-KAR 10.00 AM and 12.00 noon, till the charge sheet is filed.
Thereafter, respondent No.2 has sought relaxation of one of the conditions by filing Criminal Miscellaneous No.8159/2025 under Section 483(1)(b) of BNSS. The said petition came to be allowed by order dated 03.10.2025 and the condition imposed to furnish one Government servant's surety has been relaxed and respondent No.2 has been permitted to furnish alternate sureties including regular property sureties to the satisfaction of Jurisdictional Magistrate or Investigating Officer. Thereafter, respondent No.2 has appeared before the trial Court on 21.11.2025 and furnished surety.
7. Respondent No.2 who had come to Bengaluru to furnish surety on 21.11.2025 has not appeared before the Investigating Officer till he received notice from the Investigating Officer dated 31.01.2026. The Investigating Officer has filed a report stating that respondent No.2 has not appeared before him prior to issuance of notice for -7- NC: 2026:KHC:11843 CRL.P No. 11439 of 2025 HC-KAR investigation and not complied with the conditions imposed in the order dated 09.07.2025. The contention of respondent No.2 that he was suffering from several ailments cannot be considered since he came to Bengaluru on 21.11.2025 at the time of furnishing surety to the trial Court.
8. Considering all the above aspects, respondent No.2 has violated the conditions imposed in the order dated 09.07.2025. Therefore, the anticipatory bail granted to respondent No.2 requires to be cancelled. In the result, the following;
ORDER
i) The Criminal Petition is allowed.
ii) The anticipatory bail granted to respondent No.2/accused No.1 by order dated 09.07.2025 is cancelled.
iii) Respondent No.2/accused No.1 is directed to surrender before the trial Court within 15 days from this day.
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iv) Respondent No.2/accused No.1 can make an application praying to grant bail before the trial Court and the trial Court to consider the same on merits.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 18