Sri Dinesh Vs the State of Karnataka — Bail and Remand | Karnataka HC (2026)

Sri Dinesh Vs the State of Karnataka — Bail and Remand | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner enlarged on bail in Crime No.127/2025 on personal bond of Rs.1,00,000/- with one surety for the like sum, subject to conditions (no threatening or tampering with prosecution witnesses; appearance before the Trial Court on all hearing dates; no involvement in any criminal case till disposal); liberty reserved to the prosecution to seek cancellation of bail on breach.

Issue for consideration

Whether the petitioner, arraigned as accused No.2 in Crime No.127/2025 (Madikeri Town Police) for offences under Sections 310(2), 127(2), 118(1) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, should be enlarged on regular bail.

Court's answer

Although the petitioner and others were alleged to have assaulted the complainant, the record showed that when the complainant was with accused No.1, the petitioner had been invited by accused No.1, who narrated the incident to him, after which she went out with accused No.5; on the manner in which the complainant himself narrated the incident, the Court found the case sufficient for grant of bail to the petitioner by imposing suitable conditions.

Ratio / Principle

The petitioner was ordered to be enlarged on bail in Crime No.127/2025 on executing a personal bond of Rs.1,00,000/- with one surety for the like sum, subject to conditions that he shall not threaten or tamper with prosecution witnesses, shall appear before the Trial Court on all hearing dates, and shall not involve in any criminal case till disposal; on violation, liberty is reserved to the prosecution to file an application for cancellation of bail.

Detailed headnote1 paragraphs

Regular bail — CRL.P No.1409 of 2026 (S Rachaiah J, decided 17-03-2026) — petitioner, accused No.2 in Crime No.127/2025 (Madikeri Town Police Station) for offences under Sections 310(2), 127(2), 118(1) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 — prosecution case: complainant befriended over WhatsApp by accused No.1 ('Rachana'), paid her Rs.10,000/- in all, summoned to Madikeri on 12.12.2025, where persons introduced as accused No.1's brother and mother arrived, and the accused confined, assaulted, intimidated and insulted him while videographing his bare body, from which he escaped and lodged the complaint — petitioner's counsel urged the allegations were bald and baseless and that the complainant had gone to Madikeri to outrage accused No.1's modesty; the State opposed, terming the petitioner the main accused — the Court noted that on the record the petitioner had been invited by accused No.1, who narrated the incident to him, after which she went out with accused No.5, and held that the manner in which the complainant narrated the incident was sufficient to grant bail with suitable conditions — petition allowed; bail on personal bond of Rs.1,00,000/- with one surety for the like sum; conditions: no threatening or tampering with prosecution witnesses, appearance before the Trial Court on all hearing dates, no involvement in any criminal case till disposal; breach enables the prosecution to seek cancellation.

1 -

NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

CRIMINAL PETITION NO. 1409 OF 2026

(439(Cr.PC) / 483(BNSS))

BETWEEN:

SRI DINESH S/O LATE RANGARAJU,

AGED 32 YEARS,

RESIDING AT MANGALADEVI NAGAR,

MADIKERI TALUK, KODAGU DISTRICT-571 201

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI (BY SRI. RAVICHANDRA S N., ADVOCATE) Location: High Court of Karnataka

…PETITIONER

AND:

THE STATE OF KARNATAKA MADIKERI TOWN POLICE STATION, REP., BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING

2 -

NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

…RESPONDENT

HC-KAR

BENGALURU – 560 001.

(BY SMT ANITHA GIRISH N., LEARNED HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITHA (BNSS), 2023 PRAYING TO ENLARGE THE PETITIONER ON BAIL ON THE FILE PENDING BEFORE THE SENIOR CIVIL JUDGE AND CJM COURT OF MADIKERI, KODAGU DIST, IN CRIME NO.127/2025, FLED BY THE RESPONDENT POLICE ON 13/12/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 310(2), 127(2), 118(1), R/W SEC 3(5) OF BNS-2023, WHERE THE PETITIONER IS ARRAYED AS ACCUSED NO.2.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

3 - NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

HC-KAR

ORAL ORDER

The petitioner, who is arraigned as accused No.2, is before this Court seeking for grant of regular bail in Crime No.127/2025 registered by the respondent-police for the offences punishable under Sections 310(2), 127(2), 118(1) r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Brief facts of the case:

The case of the prosecution is that, a complaint

came to be registered by Sri Mahadeva H.P. s/o Puttamadaiah, stating that he was the resident of Chamarajpet, Bengaluru and working in an automobile shop at J.C. Road, Bengaluru. One and a half month prior to lodging the complaint, he had received a call from Rachana stating that “Are you a Principal?”. He replied that “He is not the Principal.” Thereafter, the said Rachana had sent her number and intended to make friendship with him. Both the complainant and Rachana had exchanged their photos through WhatsApp.

4 - NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

HC-KAR

It is further stated that on 20.11.2025, the complainant had received a WhatsApp message stating that accused No.1 was coming to Rajarajeswari Dental Hospital, Bengaluru and asked the complainant to meet her. He went there and met her around 02.20 p.m. Then, he was requested to pay Rs.5,000/-, as she was suffering from financial crisis. Accordingly, he had paid the amount of Rs.5,000/- through GooglePay. In all, she had received Rs.10,000/- from the complainant.

On 12.12.2025, around about 8.00 a.m.,

Rachana had called him and asked him to go to Madikeri. He went to Madikeri and waiting for her call to go to her house. Around about 10.30 p.m., he was asked to come near Nakshatra Super Market, Madikeri. He went to the location of which he had received on WhatsApp. Accused No.1 took the complainant to her house and they were talking with each other. In the meantime, around about 11.45 p.m., the complainant had heard the sound of an autorickshaw. The persons who came in the autorickshaw

5 -

NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

HC-KAR

entered inside the house. They were introduced as

brother and mother of accused No.1.

The so-called brother of accused No.1 had sent both accused Nos.1 and 5 outside the house and called accused Nos.3 and 4 to the house. All the accused had confined the complainant in the room and assaulted, intimidated and insulted by making videograph of the bare body of the complainant. However, the complainant had managed to escape from the clutches of the accused and went to police station and lodged a complaint.

On the basis of the complaint, the respondent – Police have registered F.I.R. in Crime No.127/2025 for the aforesaid offences.

Heard Mr. Ravichandra S.N., learned counsel for the petitioner and Mrs. Anitha Girish N., HCGP, for respondent - State.

6 - NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

HC-KAR

It is the submission of the learned counsel for

the petitioner that, the petitioner is arraigned as accused No.2. Though it is alleged that he along with others had assaulted the complainant, the fact remains that a bald and baseless allegations are made against the petitioner.

It is further submitted that the complainant in

fact had been to Madikeri taking advantage of friendship with accused No.1 was trying to outrage her modesty. When it was questioned by the accused/petitioner along with others, a false complaint had been lodged against the petitioner in order to implicate in the false case.

It is further submitted that the petitioner is innocent of the alleged offence. He is working as an Auto Driver and he is the earning member of the family. If the petitioner is enlarged on bail, he will abide the conditions imposed by this Court. Making such submissions, learned counsel for the petitioner prays to allow the petition.

7 - NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

HC-KAR

11 . Per contra, learned High Court Government Pleader for respondent - State vehemently submitted that the petitioner is arraigned as accused No.2. He is the main accused in this case. He has committed the offences stated supra along with other accused. If the petitioner is enlarged on bail, there may be chances of threatening the prosecution case. Hence, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition.

Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and other materials on record, it appears from the record that the complainant had been to Madikeri on receiving the invitation by accused No.1. Though it is alleged that the petitioner and others had assaulted him and committed the offences as stated supra, the fact remains that when the complainant was with the accused No.1, the petitioner was invited by accused No.1 and she

8 - NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

HC-KAR

narrated the incident to the petitioner. Thereafter, she went along with accused No.5 outside the house.

Be that as it may, the manner in which the complainant narrate the incident would sufficient to grant bail to the petitioner by imposing suitable conditions.

Hence, I proceed to pass the following:

ORDER

(i) This Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.127/2025 of respondent-police for the offences stated supra , on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court.

9 - NC: 2026:KHC:15979 CRL.P No. 1409 of 2026

HC-KAR

(iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.

(v) The petitioner shall not involve in any criminal cases till disposal of the case.

In case, if, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

Sd/(S RACHAIAH) JUDGE

BKM