Citation : 2026 Latest Caselaw 1931 Kant
Judgement Date : 27 February, 2026
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NC: 2026:KHC:12224
CRL.P No. 1486 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 1486 OF 2026 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. SRI RENUKAPRASAD
S/O LATE SOMASHEKAR
AGED ABOUT 45 YEARS
RESIDING AT KAMBALU VILLAGE
SOMPURA HOBLI, NELAMANGALA TALUK
BANGALORE RURAL DISTRICT-562 111.
...PETITIONER
(BY SRI KASHINATH J D, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY WOMEN POLICE STATION
TUMAKURU, TUMAKURU DISTRICT.
Digitally signed by
LAKSHMINARAYANA REPRESENTED BY SPP
MURTHY RAJASHRI HIGH COURT OF KARNATAKA
Location: HIGH
COURT OF BANGALORE-560 001.
KARNATAKA ...RESPONDENT
(BY SRI M R PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
U/S 483 BNSS) PRAYING TO ALLOW THE ABOVE PETITION AND
RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME
No.172/2025 REGISTERED BY THE RESPONDENT WOMEN'S
POLICE STATION TUMAKURU AND SUBSEQUENT FILING OF
CHARGE SHEET IN CC No.268/2025.
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NC: 2026:KHC:12224
CRL.P No. 1486 of 2026
HC-KAR
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 accused No. 1 under
Section 483 of BNSS praying to grant bail in Crime No.
172/2025 of Tumakuru Woman Police Station registered
for offence punishable under Sections 137(2), 64(2)(m),
351(2), 75(1)(i), 75(1)(ii), 75(1)(iv), 3(5) of BNS and
Section 67(A) and 66(E) of Information Technology Act,
2000.
2. Heard learned counsel for the petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that petitioner had extra-marital affair with the victim
lady. Victim lady and the petitioner are aged about 40
years. There was a breakdown of the said extra-marital
affairs. Husband of the victim lady is an elected member of
the Panchayat and accused No. 2 is also an elected
member of the Panchayat. There was rivalry between
NC: 2026:KHC:12224
HC-KAR
accused No.1 and husband of victim lady. Petitioner -
accused No. 1 had supported accused No.2 in the election.
Therefore, a false complaint has been lodged against the
petitioner. Victim lady has filed the complaint on
30.08.2025 about the incident dated 23.08.2024 and there
is a delay in filing the complaint. Victim lady has improved
her version in her statements dated 02.09.2025,
15.09.2025 and 06.10.2025. Victim lady is not consistent
in her statements and she has made improvements in
order to falsely implicate the accused persons. Petitioner is
in judicial custody since 31.08.2025 and as chargesheet is
filed, petitioner is not required for custodial interrogation.
There are no criminal antecedents of the petitioner. The
offences alleged against the petitioner are not punishable
either with death of imprisonment for life. With this he
prayed to allow the petition.
4. Per contra, learned HCGP would contend that
the statement of the victim lady has been recorded under
Section 183 of BNSS wherein she has specifically stated
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HC-KAR
the acts of the petitioner taking her, telling false things
about her husband, taking her to the lodge and having
sexual intercourse on her by threatening her that he will
share her nude and naked photographs. C.W.4 is cashier
of the lodge. C.W.3 has sated about receiving the video of
victim lady. Chargesheet material show prima facie case
against the petitioner for the offence alleged against him.
With this he prayed to reject the petition.
5. Having heard learned counsel for the parties,
this Court has perused the chargesheet and other
materials placed on record.
6. As per averments of the complaint the alleged
incident has taken place during August, 2024 to
December, 2024. Complaint has been filed on 30.08.2025.
In the complaint filed on 30.08.2025 victim lady has not
stated further dates, time and place of the alleged
incidents which she has subsequently stated in her further
statements recorded on 02.09.2025 and 15.09.2025 and
also in the statement recorded under Section 183 of BNSS
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HC-KAR
dated 29.09.2025. Bail petition of the petitioner was
pending as on 15.09.2025, the date on which further
statement of the victim lady was recorded. Whether the
petitioner has committed the offence alleged is a matter of
trial. Petitioner is in judicial custody since 31.08.2025 and
as chargesheet is filed he is not required for further
custodial interrogation. Petitioner is not having any
criminal antecedents.
7. Considering the above aspects, petitioner has
made out case for grant of bail with conditions.
In the result, the following;
ORDER
Petition is allowed. Petitioner is granted bail in Crime
No. 172/2025 of Tumakuru Woman Police Station, subject
to following conditions:
I. Petitioner shall execute bail bond for a sum of
Rs.1,00,000/- with one surety for the likesum
to the satisfaction of jurisdictional Court.
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HC-KAR
II. Petitioner shall not tamper the prosecution
witnesses either directly or indirectly.
III. Petitioner shall attend the trial Court on all
dates hearing unless exempted and co-operate
for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 29 Ct.sm
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