[Cites 8, Cited by 0]
Karnataka High Court
S C Basavaraju @ S C Basavarajaiah vs State Of Karnataka on 16 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2026:KHC:9461
CRL.P No. 171 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 171 OF 2025
BETWEEN:
1. S C BASAVARAJU @ S C BASAVARAJAIAH,
S/O. LATE. CHENNALINGAPPA,
AGED ABOUT 84 YEARS,
R/AT NO.890, DR. M.C.MODI HIOSPITAL ROAD,
MAHALAXMIPURAM POST,
BENGALURU - 560 086.
...PETITIONER
(BY SRI. DESHPANDE AMIT ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY KADUR POLICE STATION,
Digitally REPTD. BY SPP,
signed by
KAVYA R HIGH COURT BUILDING,
Location: BENGALURU - 560 001.
High court
of Karnataka 2. CRIMINAL OF INVESTIGATION DEPARTMENT (CID),
CALRTON HOUSE, PALACE ROAD,
BENGALURU - 560 001.
REPTD. BY SPP,
HIGH COURT BUILDING,
BENGALURU - 560 001.
3. RAMESH D.V.,
S/O. VENKATASWAMY,
-2-
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CRL.P No. 171 of 2025
HC-KAR
AGED ABOUT 42 YEARS,
R/AT DODDANAYAKANAHALLI,
MALLAPURA POST, YAGATI HOBLI,
KADUR TALUK,
CHIKKAMGALURU DISTRICT - 577 140.
...RESPONDENTS
(BY SRI.CHANNAPPA ERAPPA, ADVOCATE)
THIS CRL.P IS FILED U/S.439(2) (FILED U/S.483(2)
BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED
TO ALLOW THIS CRIMINAL PETITION BY CANCELLING THE BAIL
IN OLD CRIME NO.288/2023 AND NEW CRIME NO.8/2024
REGISTERED BY THE CID POLICE FOR THE OFFENCE P/US/
120-B, 420, 465, 468, 471 OF IPC 1860.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
The defacto-complainant is before this Court in this
Criminal Petition filed under Section 439(2) of Cr.PC with a
prayer to set aside the order dated 26.12.2023 passed in
Crime No.288/2023 by the Court of the Principal Civil
Judge and JMFC, Kadur and the order dated 23.11.2024
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passed in Crl.RP.No.283/2023 by the Court of I Additional
District and Sessions Judge, Chikkamagaluru.
2. Heard the learned counsel for the parties.
3. FIR was registered by Kadur Police Station,
Chikkamagaluru against respondent No.3 herein and
others for offences punishable under Sections 120B, 420,
465, 468, 471 of IPC. In the said case, the Jurisdictional
Magistrate vide order impugned dated 26.12.2023 had
granted regular bail to respondent No.3 herein who is
arraigned as accused No.1 in Crime No.288/2023 and the
said order was unsuccessfully challenged by the
defacto-complainant before the Court of I Additional
District and Sessions Judge, Chikkamagaluru in
Crl.RP.No.283/2023. It is under these circumstances, the
defacto-complainant is before this Court.
4. Learned counsel for the petitioner having
reiterated the grounds urged in the petition submits that
the anticipatory bail application filed by respondent No.3
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herein in Crl.P.No.11966/2023 was dismissed as
withdrawn before this Court on 20.12.2023 with liberty to
surrender before the Jurisdictional Court and file necessary
application seeking regular bail. He submits that learned
Magistrate without appreciating the seriousness of the
allegations made against the accused, had allowed bail
application filed under Section 437 of Cr.PC on the same
day. He submits that absolutely no reasons were assigned
by the learned Magistrate to grant regular bail to accused
No.1. Learned District Judge has failed to appreciate the
said aspect of the matter and has erred in dismissing
Crl.RP.No.283/2023. Accordingly, he prays to allow this
petition.
5. Per contra, learned counsel for respondent No.3
submits that investigation of the case is already completed
and charge sheet is now filed against respondent No.3 and
others by CID Police in Crime No.8/2024. Therefore, at
this stage, it is not necessary to cancel the bail granted to
respondent No.3, since he has co-operated with the police
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for the purpose of investigation. Accordingly, he prays to
dismiss the petition.
6. FIR in the present case was registered against
respondent No.3 and others by Kaduru Police Station,
Chikkamagaluru in Crime No.288/2023 for offences
punishable under Sections 120B, 420, 465, 468 and 471 of
IPC. It appears that subsequently the case was transferred
to CID Police and FIR was registered in Crime No.8/2024.
In the said case, after completing investigation, charge
sheet is now filed for the aforesaid offences against
respondent No.3 and others. Therefore, it is apparent that
respondent No.3, who is arrayed as accused No.1 in the
FIR has co-operated with the police for the purpose of
investigation. Though, the order passed by the learned
Magistrate dated 26.12.2023 granting regular bail to
accused No.1 in Crime No.288/2023 is bereft of any
reason for granting bail to the accused, since, respondent
No.3 who is arraigned as accused No.1 in the FIR has
complied the bail conditions and also co-operated with the
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police for the purpose of investigation, I am of the opinion
that at this stage it may not be necessary to interfere with
the said order only for the reason that learned Magistrate
has not passed a reasoned order while granting bail to
accused No.1. It is also necessary to take into
consideration that the maximum punishment for the
alleged offences is imprisonment for a period of seven
years and the said offences are triable by the Court of
Magistrate.
7. For the purpose of cancellation of the bail
granted to the accused, which has got serious
consequences, the court needs to consider the gravity of
offence, the antecedents of the accused, his conduct after
release on bail and also the supervening circumstances. In
the present case undisputedly, the petitioner has complied
the bail conditions and has co-operated with the police for
the purpose of investigation. As stated earlier the alleged
offences are not very grave in nature. Under the
circumstances, I am of the opinion that this petition needs
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to be dismissed. Accordingly, the Criminal petition is
dismissed.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
List No.: 1 Sl No.: 2
