[Cites 10, Cited by 0]
Karnataka High Court
Sri. Rajakumar @ M. Rajkumar ... vs State Of Karnataka on 23 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:11011
CRL.P No. 342 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. 342 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI. RAJAKUMAR @
M. RAJKUMAR NAGASAMUDRA
S/O MADHAYYA
AGED ABOUT 45 YEARS
R/AT SINGATAGERE KADUR (TQ)
SOMANAHALLI
CHIKKAMAGALURU
PIN -577138
2. SRI KARTHIK D R
S/O REVANNARADHYA
AGED ABOUT 29 YEARS
R/AT DODDAGUNI VILLAGE
GUBBI TQ
TUMAKURU -572211
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF ...PETITIONERS
KARNATAKA (BY SRI. HARISH KUMAR M C, ADVOCATE FOR
SRI YASHAVANTHSWAMY A M.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
STATE BY RAJAJINAGAR POLICE STATION
BANGALORE
REP BY S P P OFFICE
HIGH COURT OF KARNATAKA
BANGALORE-560001
-2-
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CRL.P No. 342 of 2026
HC-KAR
2. SMT REKHA R
W/O MANI
AGED ABOUT 38 YEARS
R/AT NO. 108, 18TH MAIN J C NAGARA
KURUBARAHALLI
BANGALORE-560086
...RESPONDENTS
(BY SMT.WAHEEDA M M, HCGP FOR R1,
R2 DELETED AS PER COURT ORDER DATED 14.1.2026)
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S
482 BNSS) PRAYING TO ALLOW THIS PETITION TO ENLARGE
HIM ON BAIL IN THE EVENT OF HIS ARREST IN
CR.NO.254/2025 OF RAJAJINAGAR P.S., FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 69, 74, 115(2), 126(2),
351(2), 352 READ WITH SECTION 3(5) OF BNS, 2023,
PENDING ON THE FILE OF THE 32nd ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, AT BENGALURU.
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 Nos.2 and 3 under
Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023
praying to grant anticipatory bail in Crime No.154/2025 of
Rajajinagar Police Station registered for the offences
punishable under Sections 69, 74, 115(2), 126(2), 351(2),
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352 read with Section 3(5) of Bharatiya Nayay Sanhita,
2023.
2. Heard the learned counsel for petitioners and
learned the High Court Government Pleader for respondent
No.1/State.
3. The learned counsel for petitioners would
contend that the petitioners/accused No.2 and 3 are the
clients of accused No.1, who is a practicing advocate. The
main allegation by the victim lady is against accused No.1,
promising to marry her and had physical relations with
her. The offences alleged against the petitioners are not
punishable either with death or imprisonment for life. As
the charge sheet is filed, the petitioners are not required
for custodial interrogation. The petitioners are ready to
abide by any terms and conditions to be imposed by this
Court. The statement of victim lady has already been
recorded under Section 183 of BNSS. The petitioners were
earlier granted interim bail by the Sessions Court, and
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subsequently, the main petition came to be rejected.
There are no criminal antecedents of the petitioners. With
this, he prayed to allow the petition.
4. Per contra, the learned High Court Government
Pleader for respondent No.1/State would contend that on
perusal of the statement of the victim lady recorded under
Section 183 of BNSS, there is serious allegation against
the petitioners assaulting the victim lady, outraging her
modesty, pressing her private part etc. The charge sheet
materials show a prima facie case against the petitioners
for the offences alleged against them. With this, she
prayed to reject the petition.
5. Having heard the learned counsel, the Court
has perused the charge sheet and other materials placed
on record.
6. As per the charge sheet, the allegation against
the petitioners/accused Nos.2 and 3 is that, at the
instance of accused No.1 on 16.11.2025 at about 03.30
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p.m., they went to the house of accused No.1, questioned
the victim lady, asked her to go out, and threatened and
abused her, touched her body and thereby outraged her
modesty.
7. The investigation is over and as the charge
sheet is filed, the petitioners are not required for further
custodial interrogation. The offences alleged against the
petitioners are not punishable either with death or
imprisonment for life. The petitioners have undertaken to
appear before the Trial Court and abide by any conditions
to be imposed by this Court. There are no criminal
antecedents of the petitioners.
8. Considering the above aspect, the petitioners
have made out a case for grant of anticipatory bail with
conditions.
In the result, the following:
ORDER
i) The petition is allowed.
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ii) The petitioners are ordered to be released on
bail in the event of their arrest in Crime No.154/2025 of
Rajajinagar Police Station registered for the offences
punishable under Sections 69, 74, 115(2), 126(2), 351(2),
352 read with Section 3(5) of Bharatiya Nayay Sanhita,
2023 subject to following conditions.
a) The petitioners shall voluntarily
appear before the jurisdictional Court and
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 petitioners shall not tamper the
prosecution witnesses either directly or
indirectly.
c) The petitioners shall attend the Trial
Court on all dates hearing unless exempted and
cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 1 Sl No.: 49
