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Karnataka High Court
Sri. Jagadish Prashad Rajguru vs State Of Karnataka By on 25 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:11843
CRL.P No. 11439 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 11439 OF 2025
[(439(2)(Cr.PC) / 483(3)(BNSS)]
BETWEEN:
SRI. JAGADISH PRASHAD RAJGURU
S/O LATE R.N. RAJGURU,
AGED ABOUT 65 YEARS,
RESIDING AT 702, OAK,
SJR PARK VISTA APTS.,
HARLUR ROAD,
BENGALURU - 560 102.
...PETITIONER
(BY SRI. MAHESH Y.L., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BELLANDUR POLICE STATION,
Digitally signed by
REPRESENTED BY STATE PUBLIC PROSECUTOR,
LAKSHMINARAYANA HIGH COURT OF KARNATAKA,
MURTHY RAJASHRI
Location: HIGH
BENGALURU - 560 001.
COURT OF
KARNATAKA
2. SRI. RAHUL BABURAO NARVEKAR
S/O SRI. BABURAO SAMBHAJI NARVEKAR,
AGED ABOUT 53 YEARS,
R/A HOUSE NO.268, NIRVAN COUNTRY,
SECTOR 50, GURUGRAM,
HARYANA.
...RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. S. NARENDRA, ADVOCATE FOR R2)
-2-
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CRL.P No. 11439 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439(2) (FILED
UNDER SECTION 483(3) BNSS) CR.P.C PRAYING TO CANCEL
THE BAIL GRANTED TO ACCUSED NO.1/RESPONDENT NO.2 IN
THE ORDER DATED 09.07.2025 PASSED BY THE LXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY (CCH-70) IN CRL.MISC.NO.5218 OF 2025 (AT ANNEXURE
-A) AND ETC.
THIS PETITION COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed under Section 483(3) of
Bharatiya Nagrika Suraksha Sanhita, 2023 by the defacto
complainant praying to cancel the bail granted to
respondent No.2/accused No.1 passed in Criminal
Miscellaneous No.5218/2025 by order dated 09.07.2025
by LXIX Additional City Civil and Sessions Judge,
Bengaluru (CCH-70).
2. Heard learned counsel for petitioner and
learned counsel for respondent No.2.
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3. Learned counsel for petitioner would contend
that, respondent No.2 has been granted anticipatory bail
by order dated 09.07.2025 in Criminal Miscellaneous
No.5218/2025 by LXIX Additional City Civil and Sessions
Judge, Bengaluru by imposing several conditions.
Respondent No.2 has not complied with the said
conditions. Therefore, the bail granted to the respondent
No.2 is required to be cancelled.
4. Learned counsel respondent No.2 would
contend that after grant of anticipatory bail by the said
order dated 09.07.2025, as one of the conditions imposed
is onerous to respondent No.2, he sought relaxation of the
conditions in Criminal Miscellaneous No.8159/2025 and
the said petition came to be allowed by order dated
03.10.2025 and one of the conditions to furnish one
Government servant as surety has been relaxed.
Thereafter, he furnished surety before the trial Court on
21.11.2025. Respondent No.2 could not comply the other
conditions due to his ill health. Respondent No.2 was
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suffering from cardiac and other ailments. Respondent
No.2 pursuant to the notice dated 31.01.2026 issued by
Police Inspector, Bellandur Police Station, Bengaluru under
Section 35(3) of BNSS has appeared before the
Investigating Officer on 06.02.2026 with his advocate and
Investigating Officer has recorded his statement and again
he appeared before the Investigating Officer on
08.02.2026.
5. Having heard the learned counsels appearing
for parties, the Court has perused the materials placed on
record.
6. Respondent No.2 has been granted anticipatory
bail in respect of Crime No.153/2025 of Bellandur Police
Station as per order dated 09.07.2025 passed in Criminal
Miscellaneous No.5218/2025 subject to the following
conditions:
"a) The petitioner shall execute a personal
bond for a sum of Rs.2,00,000/- (Rupees Two
Lakhs only) with two sureties for the like sum, of
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which at least one surety shall be a local
government servant, to the satisfaction of the
Investigating Officer or the jurisdictional
Magistrate.
b) The petitioner shall appear before the
Investigating Officer as and when called for and
shall fully cooperate with the investigation.
c) The petitioner shall not directly or
indirectly induce, threaten, or make any promise
to any witness acquainted with the facts of the
case.
d) The petitioner shall not tamper with the
evidence or hamper the investigation in any
manner.
e) The petitioner shall not leave the
jurisdiction of the Court without prior permission
and shall keep his mobile number active and
share his live location with the IO during the
investigation.
f) The petitioner shall report before the
Investigating Officer on the first and third
Saturday of every calendar month between
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10.00 AM and 12.00 noon, till the charge sheet is
filed.
Thereafter, respondent No.2 has sought relaxation of
one of the conditions by filing Criminal Miscellaneous
No.8159/2025 under Section 483(1)(b) of BNSS. The said
petition came to be allowed by order dated 03.10.2025
and the condition imposed to furnish one Government
servant's surety has been relaxed and respondent No.2
has been permitted to furnish alternate sureties including
regular property sureties to the satisfaction of
Jurisdictional Magistrate or Investigating Officer.
Thereafter, respondent No.2 has appeared before the trial
Court on 21.11.2025 and furnished surety.
7. Respondent No.2 who had come to Bengaluru
to furnish surety on 21.11.2025 has not appeared before
the Investigating Officer till he received notice from the
Investigating Officer dated 31.01.2026. The Investigating
Officer has filed a report stating that respondent No.2 has
not appeared before him prior to issuance of notice for
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investigation and not complied with the conditions
imposed in the order dated 09.07.2025. The contention of
respondent No.2 that he was suffering from several
ailments cannot be considered since he came to Bengaluru
on 21.11.2025 at the time of furnishing surety to the trial
Court.
8. Considering all the above aspects, respondent
No.2 has violated the conditions imposed in the order
dated 09.07.2025. Therefore, the anticipatory bail granted
to respondent No.2 requires to be cancelled. In the result,
the following;
ORDER
i) The Criminal Petition is allowed.
ii) The anticipatory bail granted to respondent
No.2/accused No.1 by order dated
09.07.2025 is cancelled.
iii) Respondent No.2/accused No.1 is directed
to surrender before the trial Court within 15
days from this day.
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iv) Respondent No.2/accused No.1 can make
an application praying to grant bail before
the trial Court and the trial Court to
consider the same on merits.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 18
