[Cites 10, Cited by 0]
Karnataka High Court
Shashi Kumar vs State Of Karnataka on 23 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 14172 of 2025
C/W CRL.P No. 1417 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 14172 OF 2025
[(439(Cr.PC) / 483(BNSS)]
C/W
CRIMINAL PETITION NO. 1417 OF 2026
IN CRL.P No. 14172/2025
BETWEEN:
KENCHE GOWDA V.
S/O VEERABHADRAPPA,
AGED ABOUT 27 YEARS,
R/AT NO.1, 1ST FLOOR, 4TH CROSS,
DHARMASHEKARA BUILDING,
RAMAJI LAYOUT, THIRAPANAHALLI,
HEBBAGODI,
BENGALURU - 560 099.
Digitally signed by PERMANENT ADDRESS:
LAKSHMINARAYANA
MURTHY RAJASHRI R/O CHOWLURU VILLAGE,
Location: HIGH CHALLEKERE,
COURT OF
KARNATAKA CHITRADURGA,
KARNATAKA - 577 522.
...PETITIONER
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
STATE OF KARNATAKA
BY PARAPANNA AGRAHARA P.SO.
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CRL.P No. 14172 of 2025
C/W CRL.P No. 1417 of 2026
HC-KAR
REP BY SPP,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER
SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO.195/2025 OF PARAPANNA
AGRAHARA POLICE STATION PENDING ON THE FILE OF THE IX
ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU IN
C.C.NO.35777/2025 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 308(2), 70(1) READ WITH SECTION 3(5), 127(2),
329(4), 61(2)(a) AND 77 OF BNS AND SECTION 66(E) OF IT
ACT.
IN CRL.P NO. 1417/2026
BETWEEN:
SHASHI KUMAR
S/O LT.PUTTASWAMY,
AGED ABOUT 23 YEARS,
R/A H.NO.6, 2ND FLOOR, NANJAREDDYLAYOUT,
VABHASANDRA, JIGANI, ANEKAL,
BENGALURU - 572 114.
PERMANENT RESIDENT OF CHOWLURU VILLAGE, CHALLEKERE,
CHITRADURGA,
BENGALURU - 577 522.
...PETITIONER
(BY SRI. RAKSHITH R., ADVOCATE)
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CRL.P No. 14172 of 2025
C/W CRL.P No. 1417 of 2026
HC-KAR
AND:
1. STATE OF KARNATAKA
BY PARAPANNA AGRAHARA P.S.
REP. BY SPP,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO.195/2025 OF PARAPANNA
AGRAHARA POLICE STATION, PENDING ON THE FILE OF LIII
ADDTIIONAL CITY CIVIL AND SESSIONS JUDGE, SPECIAL
JUDGE AT BANGALORE IN S.C.NO.1554/2025 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 308(2), 70(1)
READ WITH 3(5), 127(2), 329(4), 61(2)(a) AND 77 OF BNS
AND SECTION 66(E) OF IT ACT.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Criminal Petition No.14172/2025 is filed by accused
No.3 and Criminal Petition No.1417/2026 is filed by
accused No.2. Both the petitions are filed under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
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to grant bail in Crime No.195/2025 of Parappana Agrahara
Police Station, pending in S.C.No.1554/2025 on the file of
LIII Additional City Civil and Sessions Judge, Special Judge
at Bengaluru, registered for offences punishable under
Sections 308(2), 70(1) read with Section 3(5), 127(2),
329(4), 61(2)(a) and 77 of Bharatiya Nyaya Sanhita, 2023
and Section 66(E) of Information Technology Act.
2. Heard learned counsel for petitioners and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioners would contend
that, the victim is a sex worker and her statements are
recorded by the Police and also under Section 183 of
BNSS. There are contradictions in the statement of the
victim lady. The victim lady has been examined by the
doctor and it is noted that there are no signs of use of any
force. The statement of C.W.2 recorded under Section 183
of BNSS does not indicate any sexual assault by the
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accused persons on the victim lady. The
petitioner/accused Nos.2 and 3 have not received any
money which alleged to have been transferred by the
victim lady. All the robbed articles have been seized at the
instance of accused No.1. The money transferred by the
victim lady is to the account of one Manju. As the charge
sheet is filed, the petitioners are not required for custodial
interrogation. With these, he prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the statement
of the victim lady recorded under Section 183 of BNSS
itself indicates the act of these petitioners committing
forcible sexual intercourse on her one after the other and
also taking away the articles kept in that house. The
charge sheet materials show prima-facie case against the
petitioners for offences alleged against them. With these,
he prayed for dismissal of the petition.
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5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. On perusal of the charge sheet, the allegation
against accused Nos.1 to 3 is sexual assault by them on
the victim lady. The doctor who examined the victim lady
has opined that there are no signs of use of force. The
victim lady is stated to be a sex worker. The statement of
victim lady has been recorded under Section 183 of BNSS.
There are some contradictions in the statement of victim
lady recorded by the Police and also recorded under
Section 183 of BNSS. The statement of C.W.2 who was
with the victim lady in that house has also been recorded
under Section 183 of BNSS and he has not stated any
sexual assault by three persons who entered the house.
The robbed articles have been seized at the instance of
accused No.1. As the charge sheet is filed, the petitioners
are not required for further custodial interrogation. There
are no criminal antecedents of the petitioners.
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7. Considering all the above aspects, the
petitioners have made out a case for grant of bail with
conditions. In the result, the following;
ORDER
Both Criminal Petitions are allowed. The
petitioners/accused Nos.2 and 3 are granted bail in Crime
No.195/2025 of Parappana Agrahara Police Station,
pending in S.C.No.1554/2025 on the file of LIII Additional
City Civil and Sessions Judge, Special Judge at Bengaluru,
subject to following conditions:
i) The petitioners/accused Nos.2 and 3 shall
execute a personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only) each
with one surety for the like-sum to the
satisfaction of the Jurisdictional Court.
ii) The petitioners/accused Nos.2 and 3 shall
not tamper the prosecution witnesses
either directly or indirectly.
iii) The petitioners/accused Nos.2 and 3 shall
appear before the trial Court on all dates of
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hearing unless exempted by the Court and
cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 38
