[Cites 5, Cited by 0]
Karnataka High Court
Sri Kallesh S vs State By on 23 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:10986
CRL.P No. 129 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. 129 OF 2026 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. SRI KALLESH S
S/O. SHANKARAIAH,
AGED ABOUT 41 YEARS,
R/O CHIKKA ANKANAHALLI VILLAGE,
HATHAKURU HOBLI,
MADDURU TALUK,
MANDYA DISTRICT - 571 415
PERMANENTLY R/AT KANNASANDY VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT - 572 130
UNDER JUDICIAL CUSTODY FROM 05.12.2025
...PETITIONER
(BY SRI. SIDDARAMAIAH V B, ADVOCATE)
AND:
1. STATE BY
Digitally signed by RAJAGOPAL NAGAR POLICE STATION,
LAKSHMINARAYANA NO.137, RAJAGOPALNAGAR MAIN ROAD,
MURTHY RAJASHRI
Location: HIGH 3RD CROSS, KG NAGAR, LAGGERE,
COURT OF BENGALURU - 560 058
KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
BENGALURU - 560001
...RESPONDENT
(BY SMT.WAHEEDA.M.M, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 439 CR.P.C
(UNDER SECTION 483 BNSS) PRAYING TO GRANT REGULAR
BAIL TO THE PETITIONER HEREIN BY DIRECTING THE
RESPONDENT-RAJAGOPAL NAGAR P.S., BENGALURU DISTRICT,
-2-
NC: 2026:KHC:10986
CRL.P No. 129 of 2026
HC-KAR
TO RELEASE THE PETITIONER WITH RESPECT TO CR.NO.
436/2025 REGISTERED BY THE RESPONDENT-RAJAGOPAL
NAGAR P.S., BENGALURU, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 305 OF BNS, 2023, PENDING ON THE FILE
OF THE 31st ACMM COURT, NRUPATUNGA ROAD, BENGALURU.
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 filed by the sole accused under
Section 483 of BNSS praying to grant bail in Crime No.
436/2025 of Rajagopal Nagar Police Station, Bengaluru,
registered for offence under Section 305 of BNS.
2. Heard learned counsel for petitioner and learned
HCGP for respondent - State.
3. Learned counsel for petitioner would contend that
FIR is registered against unknown person. Name of the
petitioner has not been shown in the complaint and FIR.
Petitioner has been arrested on suspicion. There is recovery of
golden mangalya chain weighing 50 gms at the instance of this
petitioner. As major portion of investigation is over petitioner is
not required for further custodial interrogation. With this he
prayed to allow the petition.
NC: 2026:KHC:10986
HC-KAR
4. Per contra, learned HCGP would contend that
chargesheet has been filed against this petitioner for offence
under Section 305 of BNS. Offence alleged against the
petitioner is provided with punishment of imprisonment which
may extend to 7 years. There is recovery of stolen golden
mangalya chain at the instance of this petitioner from one
Manoj to whom this petitioner had sold the said chain.
Petitioner has been identified by the eyewitnesses. Petitioner is
having criminal antecedents and involved in 13 cases and out
of them, 10 cases are still pending. Details of the said cases is
as under:
a) Cr. No. 29/2024 - Govindaraj Nagar P.S. under
Sections 457, 380
b) Cr. No. 152/2024 - Kempegowda P.S. under Section
c) Cr. No. 318/2018 - Konankunte P.S. under Section 380
d) Cr. No. 405/2018 - Konankunte P.S. under Section 380
- acquitted
e) Cr. No. 51/2018 - K.P. Agrahara P.S. - Acquitted
f) Cr. No. 11/2018 - K.P. Agrahara P.S. - Acquitted
g) Cr. No. 196/2017 - K.P. Agrahara P.S. - Acquitted
h) Cr. No. 215/2017 - K.P. Agrahara P.S. - Acquitted
i) Cr. No. 216/2017 - K.P. Agrahara P.S. - Acquitted
j) Cr. No. 620/2017 - Vijayanagara P.S. - Compromised
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HC-KAR
k) Cr. No. 667/2017 - Vijayanagar P.S. - Compromised
l) Cr. No. 357/2018 - Konanakunte P.S. - Acquitted
m) Cr. No. 231/2015 - Tumakuru Kunigal P.S. -
Compromised
5. If the petitioner is granted bail there are chances of
he committing similar offence. With this she prayed to reject
the petition.
6. Having heard learned counsel for the parties, this
Court has perused the FIR, complaint and other materials
placed on record.
7. There was theft in the temple of 60 gms golden
mangalya chain on 26.11.2025. At the instance of this
petitioner 50 gms golden mangalya chain has been recovered
from one Manoj. Petitioner had sold the said golden mangalya
chain stolen in the temple to the said Manoj. Considering the
said aspect and on perusal of the chargesheet material, there is
prima facie case against the petitioner for the offence alleged
against him. The offence alleged against the petitioner is
provided with punishment of imprisonment which may extend
to 7 years. Petitioner is having criminal antecedents and he is
NC: 2026:KHC:10986
HC-KAR
involved in 13 cases. If the petitioner is granted bail there are
chances of he repeating similar offence and flee from justice.
8. Considering the above aspects, petitioner has not
made out any grounds for grant of bail.
In the result, petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 46
