Citation : 2026 Latest Caselaw 1420 Kant
Judgement Date : 18 February, 2026
-1-
NC: 2026:KHC:9839
CRL.P No. 157 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 157 OF 2026 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. RACHANA M S
W/O LOKESH N S,
AGED ABOUT 27 YEARS,
R/AT SIDDAPURA ROAD,
ASHOKPURA,
MADIKERI,
KODAGU DISTRICT- 571201
...PETITIONER
(BY SRI. LETHIF B.,ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI BY MADIKERI TOWN POLICE STATION,
Location: HIGH KODAGU DISTRICT,
COURT OF
KARNATAKA REP. BY SPP,
HIGH COURT BUILDING,
BANGALORE- 560001
...RESPONDENT
(BY SMT.WAHEEDA M M, HCGP)
-2-
NC: 2026:KHC:9839
CRL.P No. 157 of 2026
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 (FILED
U/S.483 BNSS) CR.P.C PRAYING TO RELEASE HER ON BAIL IN
CRIME NO.127/2025 OF MADIKERI TOWN POLICE STATION
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 310(2),
127(2), 118(1) READ WITH SECTION 3(5) OF BNS PENDING
ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM COURT,
MADIKERI KODAGU DISTRICT.
THIS PETITION, COMING ON FOR ORDER, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying
to grant bail in Crime No.127/2025 of Madikeri Town Police
Station registered for the offences punishable under
Sections 310(2), 127(2), 118(1), read with Section 3(5)
of Bharatiya Nyay Sanhita, 2023.
2. Heard the learned counsel for petitioner and the
learned High Court Government Pleader for
respondent/State.
3. The learned counsel for petitioner would
contend that the petitioner is a woman, and the allegation
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HC-KAR
against her is that, she has received Rs.5,000/- plus
Rs.5,000/- from the petitioner. The alleged assault is by
accused Nos.2 to 4. There is no allegation against this
petitioner assaulting the complainant. She is having a
minor child aged three years. The petitioner is ready to
abide by any conditions to be imposed by this Court. He
further submits that the petitioner has deposited a sum of
Rs.10,000/- before the jurisdictional Court, being the
amount received by her from the complainant/first
informant. The petitioner has no objection for releasing
the said amount to the complainant/first informant. With
this, he prayed to allow the petition.
4. Per contra, the learned High Court Government
Pleader for respondent/State would contend that the main
allegation is against this petitioner. She after getting
transfer of Rs.5,000/- plus Rs.5,000/- from the
complainant/first informant has secured him to Madikeri to
her house where she secured accused Nos.2 to 5 and
among them accused Nos.2 to 4 assaulted him with hands
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HC-KAR
and club and caused injuries. Accused No.3 by showing air
gun demanded Rs.50,00,000/-, and threatened him to
release the video, snatched his mobile, and accused Nos.2
to 4 removed his clothes and burnt them. The wound
certificate indicates that the complainant/first informant
has sustained grievous injuries. The statement of the
complainant/first informant has been recorded under
Section 183 of the BNSS, wherein he has stated in detail
the incident and overt acts of each of the accused persons.
The alleged incident is honey trap. The investigation is in
progress. With this, she prayed to reject the petition.
5. Having heard the learned counsel, the Court
has perused the FIR, complaint and other materials placed
on record.
6. As per averments of complaint, the
petitioner/accused No.1 came in contact with the
complainant/first informant through Facebook, and
subsequently both started chatting through WhatsApp, and
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HC-KAR
shared their photos. The petitioner asked the
complainant/first informant to give financial help and got
transferred Rs.5,000/- and again in the guise of treatment
to her child got transferred Rs.5,000/- from the
complainant/first informant through Google Pay. When the
complainant/first informant asked the petitioner when she
will return, at that time, she asked the petitioner to come
to Kushal Nagar and they will enjoy in a room. On
12.12.2025, the complainant/first informant went to
Madikeri, and there, the petitioner secured him to her
house. At about 11.45 p.m., somebody knocked the door
and the mother and brother of the petitioner came inside.
Accused No.2/Dinesh, the brother of the petitioner, sent
the petitioner and her mother out. Accused No.2 assaulted
him in the room and made a phone call asking others to
come, wherein accused Nos.3 and 4 came there. All
accused Nos.2 to 4 assaulted him with hand, club on his
face, mouth, chest, left leg and removed his clothes. He
made video and accused No.3 by showing air gun to his
NC: 2026:KHC:9839
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head demanded Rs.50,00,000/-. Thereafter, they burnt his
clothes, and thereafter, in the underwear itself, he
escaped from the spot, and went to police station and
lodged complaint.
7. The petitioner is in judicial custody since
13.12.2025, and as major portion of investigation is over,
she is not required for further custodial interrogation. The
allegation against the petitioner is that she received
Rs.5,000/- plus Rs.5,000/- from the complainant/first
informant and secured him to Madikeri. Now the petitioner
has deposited Rs.10,000/-. The petitioner has no objection
for releasing the said Rs.10,000/- to the complainant/first
informant. The other allegations of assault is against
accused Nos.2 to 4. The petitioner has undertaken to
abide by any conditions to be imposed by this Court. The
petitioner is a woman having a child aged three years.
8. Considering the above aspects, the petitioner
has made out a case for grant of bail with conditions.
NC: 2026:KHC:9839
HC-KAR
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in Crime
No.127/2025 of Madikeri Town Police Station registered
for the offences punishable under Sections 310(2),
127(2), 118(1), read with Section 3(5) of Bharatiya Nyay
Sanhita, 2023 subject to following conditions.
a) The petitioner shall execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.
b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
c) The petitioner shall co-operate with the Investigating Officer for further investigation, if any.
NC: 2026:KHC:9839
HC-KAR
d) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case.
e) The petitioner shall not involve in commission of any offence. If she is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to her.
The amount deposited by the petitioner in a sum of
Rs.10,000/- shall be released to the complainant/first
informant.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 29
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