[Cites 8, Cited by 0]
Karnataka High Court
Rishi K N vs State By Belur Police Station on 23 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:10983
CRL.P No. 14875 of 2025
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.14875 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. RISHI K N
S/O NARAYAN
AGED ABOUT 50 YEARS,
NO.246, 43RD CROSS,
JAYANAGAR
BENGALURU-560 041
2. SAHITHYASHREE
W/O RISHI K N
AGED ABOUT 48 YEARS,
NO.246, 43RD CROSS,
JAYANAGAR
BENGALURU-560 041
BOTH ARE PERMANENT RESIDENTS OF
KALLUSHETTIHALLI VILLAGE,
Digitally signed by
LAKSHMINARAYANA MADIHALLI HOBLI,
MURTHY RAJASHRI
BELURU TALUK
Location: HIGH
COURT OF HASSAN DISTRICT-573 216
KARNATAKA
...PETITIONERS
(BY SRI. SRINIVASA.,ADVOCATE)
AND:
STATE BY BELUR POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX BUILDING,
BENGALURU-560001
...RESPONDENT
(BY SRI MOHD. AYUB ALI, ADDL.SPP)
-2-
NC: 2026:KHC:10983
CRL.P No. 14875 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C.
(FILED UNDER SECTION 482 BNNS) PRAYING TO GRANT
ANTICIPATORY BAIL IN CC.NO.40/2025 ARISING OUT OF
CR.NO.0115/2024 FOR THE OFFENCES PUNISHAABLE UNDER
SECTIONS 323, 354, 327, 506 AND 34 OF IPC, WHICH IS
NOW PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, AT BELUR, HASSAN AND THE PETITIONERS ARE SHOWN
AS ACCUSED NO.1 AND 2 IN THE CHARGE SHEET AND DIRECT
THE RESPONDENT POLICE TO RELEASE THEM ANTICIPATORY
BAIL IN THE EVENT OF THEIR ARREST IN CC.NO.40/2025
(CR.NO.0115/2024) BELUR P.S.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is paid by accused Nos. 1 and 2 under
Section 482 of BNSS praying to grant anticipatory bail in C.C.
No. 40/2025 arising out of Crime No. 115/2024 pending on the
file of Senior Civil Judge and JMFC, Belur registered for offence
under Sections 323, 354, 327, 506 and 34 IPC.
2. Heard learned counsel for petitioners and learned
Additional SPP for respondent - State.
3. Learned counsel for petitioners contends that
investigation is over and charge sheet has been filed. As NBW
has been issued, petitioner No. 2 apprehends her arrest.
NC: 2026:KHC:10983
HC-KAR
Summons issued to petitioner No. 1 has not been served and
summons issued to petitioner No. 2 has been served, but she
has not appeared before the trial Court and therefore NBW has
been issued against her. The offence alleged against the
petitioners are not punishable with death or imprisonment for
life. In the chargesheet there is no mention that petitioners are
absconding and that indicate that petitioners have cooperated
for investigation. There are no criminal antecedents of the
petitioners. Petitioner No. 2 is a woman. With this, he prayed to
allow the petition.
4. Per contra learned Additional SPP would contend
that petitioner No. 2, inspite of service of summons, has not
appeared before the trial Court and NBW has been issued
against her. Chargesheet will show a prima facie case against
the petitioners for the offence alleged against them. With this,
he prayed to reject the petition.
5. Having heard learned counsel for the parties the
Court has perused the chargesheet and other materials placed
on record.
6. As per chargesheet, the accusation against the
petitioners is that on 22.04.2024 between 02.30 to 03.00 p.m.
NC: 2026:KHC:10983
HC-KAR
C.W.1 saw accused Nos. 1 and 2 entered her land and abused
her in filthy words. Accused Nos. 1 and 2 have held the clothes
of C.W.1 and pulled it. In that quarrel 40 gms golden chain of
C.W.1 has been lost.
7. In the chargesheet, petitioners have not been
shown as absconding. The trial Court on receipt of chargesheet
registered a case, took cognizance and issued summons to
the petitioners. Summons issued to petitioner No. 2 has been
served on her, she remained absent and NBW has been issued
against her. Summons issued to petitioner No. 1 has not been
served and it has been re-issued. Merely because NBW has
been issued is not a ground to reject the prayer of petitioners
for grant of anticipatory bail. Petitioners have undertaken to
appear before the trial Court and abide any conditions to be
imposed by this Court. The offences alleged against the
petitioners are not punishable either with death or
imprisonment for life.
8. Considering the above aspects, the petitioners have
made out a case for grant of anticipatory bail with conditions.
In the result, the following;
NC: 2026:KHC:10983
HC-KAR
ORDER
Petition is allowed. Petitioners are ordered to be released
on bail in the event of their arrest in Crime No. 115/2024
pending on the file of Senior Civil Judge and JMFC, Belur,
subject to following conditions.
I. Petitioners shall voluntarily appear before the trial Court
within 15 days from this day and execute bail bond for a
sum of Rs.1,00,000/- each with one surety for the
likesum to the satisfaction of the trial Court.
II. Petitioners shall not tamper the prosecution witnesses
either directly or indirectly.
III. Petitioners shall attend the trial Court on all dates of
hearing unless exempted and cooperate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 40
