Citation : 2026 Latest Caselaw 2806 Kant
Judgement Date : 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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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
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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
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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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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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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
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