[Cites 5, Cited by 0]
Karnataka High Court
Mohana N vs State Of Karnataka on 17 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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
-2-
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
NC: 2026:KHC:9606
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:
NC: 2026:KHC:9606
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
NC: 2026:KHC:9606
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."
NC: 2026:KHC:9606
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
NC: 2026:KHC:9606
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
