Allowed¶61

Sri. Jagadish Prashad Rajguru v. State of Karnataka by

Bail cancellation – Anticipatory bail

Karnataka HC25 Feb 2026CRL.P/11439/2025

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Case brief

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What is this about?

Cancellation of anticipatory bail; Section 483(3) BNSS; Section 439(2) Cr.P.C; violation of bail conditions; non-appearance before Investigating Officer; notice under Section 35(3) BNSS dated 31.01.2026; Crime No.153/2025 Bellandur Police Station; Crl.Misc.No.5218/2025; Crl.Misc.No.8159/2025 relaxation of surety condition; surrender within 15 days; liberty to apply for bail before trial Court; High Court of Karnataka; Justice Shivashankar Amannavar; CRL.P No. 11439 of 2025; decided 25.02.2026.

What did the court decide?

Cancellation of the anticipatory bail granted to respondent No.2/accused No.1 by order dated 09.07.2025; respondent No.2 directed to surrender before the trial Court within 15 days; liberty to apply for bail before the trial Court, to be considered on merits. ¶61

Sri. Jagadish Prashad Rajguru Vs State of Karnataka by — Bail and Remand | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the anticipatory bail granted to respondent No.2/accused No.1 by order dated 09.07.2025 in Criminal Miscellaneous No.5218/2025 is liable to be cancelled for non-compliance with / violation of the conditions imposed therein.

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Court's answer

The contention of respondent No.2 that he was suffering from several ailments was rejected, since he came to Bengaluru on 21.11.2025 at the time of furnishing surety to the trial Court.

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Ratio / Principle

The Court held that respondent No.2 violated the conditions imposed in the order dated 09.07.2025, and therefore the anticipatory bail granted to respondent No.2 requires to be cancelled.

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Key takeaways

Respondent No.2/accused No.1 is directed to surrender before the trial Court within 15 days from the date of the order.ratio¶62
Respondent No.2/accused No.1 is at liberty to make an application for grant of bail before the trial Court, and the trial Court is to consider the same on merits.ratio¶65

Detailed headnote1 paragraphs

Bail cancellation — Anticipatory bail — Petition under Section 483(3) BNSS (printed alongside Section 439(2) Cr.P.C) by the defacto complainant to cancel anticipatory bail granted to respondent No.2/accused No.1 in Crime No.153/2025 of Bellandur Police Station by order dated 09.07.2025 in Crl.Misc.No.5218/2025 (LXIX Addl. City Civil & Sessions Judge, Bengaluru, CCH-70), subject to conditions including a personal bond of Rs.2,00,000/- with two sureties and periodic reporting before the IO. The surety condition was relaxed on 03.10.2025 in Crl.Misc.No.8159/2025 under Section 483(1)(b) BNSS; surety was furnished on 21.11.2025. Respondent No.2 did not appear before the Investigating Officer until notice dated 31.01.2026 under Section 35(3) BNSS, after which he appeared on 06.02.2026 and 08.02.2026. His plea of ill health was rejected as he had travelled to Bengaluru on 21.11.2025 to furnish surety. Held: conditions of the bail order were violated; anticipatory bail cancelled; respondent No.2 directed to surrender before the trial Court within 15 days, with liberty to seek bail afresh before the trial Court on merits. Petition allowed.

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NC: 2026:KHC:11843 CRL.P No. 11439 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11439 OF 2025 [(439(2)(Cr.PC) / 483(3)(BNSS)]

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BETWEEN:

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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.

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…PETITIONER

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(BY SRI. MAHESH Y.L., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY BELLANDUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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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.

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…RESPONDENTS

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(BY SRI. M.R. PATIL, HCGP FOR R1; SRI. S. NARENDRA, ADVOCATE FOR R2)

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NC: 2026:KHC:11843 CRL.P No. 11439 of 2025

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HC-KAR

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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.

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THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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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).

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Heard learned counsel for petitioner and learned counsel for respondent No.2.

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3 - NC: 2026:KHC:11843 CRL.P No. 11439 of 2025

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HC-KAR

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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.

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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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4 - NC: 2026:KHC:11843 CRL.P No. 11439 of 2025

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HC-KAR

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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.

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Having heard the learned counsels appearing for parties, the Court has perused the materials placed on record.

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Respondent No.2 has been granted anticipatory

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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:

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"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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NC: 2026:KHC:11843 CRL.P No. 11439 of 2025

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HC-KAR

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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.

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b) The petitioner shall appear before the Investigating Officer as and when called for and shall fully cooperate with the investigation.

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c) The petitioner shall not directly or indirectly induce, threaten, or make any promise to any witness acquainted with the facts of the case.

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d) The petitioner shall not tamper with the evidence or hamper the investigation in any manner.

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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.

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f) The petitioner shall report before the Investigating Officer on the first and third Saturday of every calendar month between

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6 - NC: 2026:KHC:11843 CRL.P No. 11439 of 2025

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HC-KAR

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10.00 AM and 12.00 noon, till the charge sheet is filed.

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Thereafter, respondent No.2 has sought relaxation of

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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.

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Respondent No.2 who had come to Bengaluru

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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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7 - NC: 2026:KHC:11843 CRL.P No. 11439 of 2025

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HC-KAR

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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.

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Considering all the above aspects, respondent

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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;

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ORDER

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i) The Criminal Petition is allowed .

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ii) The anticipatory bail granted to respondent No.2/accused No.1 by order dated 09.07.2025 is cancelled.

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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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8 - NC: 2026:KHC:11843 CRL.P No. 11439 of 2025

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HC-KAR

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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.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 18

Sri. Jagadish Prashad Rajguru v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

Sri. Jagadish Prashad Rajguru v. State of Karnataka by

Case brief

What is this about?

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What the court decided

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