Surya Vs the State of Karnataka

SURYA S/O. SIDDARAJU, AGED ABOUT 25 YEARS, R/AT K. GUDI POST, KANNERI COLONY VILLAGE, K. GUDI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT - 571 313.

¶11

Digitally signed by PAVITHRA N Location: High Court of Karnataka

¶12

(BY SRI. URMILA PULLAT.,ADVOCATE) AND: THE STATE OF KARNATAKA BY CHAMARAJANAGAR EAST POLICE STATION, CHAMARAJANAGARA DISTRICT, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

¶13

…PETITIONER

¶14

…RESPONDENT

¶15

(BY Ms. ASMA KOUSER., ADDL. SPP)

¶16

2 - NC: 2026:KHC:19568 CRL.P No. 4290 of 2026

¶17

HC-KAR

¶18

THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS PETITION, BY ENLARGING THE PETITIONER/ACCUSED ON REGULAR BAIL IN CRIME NO.13/2026 ARISING OUT OF FIR AND COMPLIANT DATED.31.01.2026 (ANNEXURE A) REGISTERED BY RESPONDENT NO.1 CHAMARAJANAGARA EAST P.S., FOR THE OFFENCE P/U/S 75, 76, 78, 329(4) OF BNS 2023, PRESENTLY PENDING ON THE FILE OF THE Ld. ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC CHAMARAJANAGARA AGAINST THE PETITIONER.

¶19

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

¶20

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶21

ORAL ORDER

¶22

The petitioner/accused is before this Court seeking regular bail in Crime No.13/2026 of respondent-police, pending on the file of Addl. Civil Judge (Jr.Dn.) and JMFC, Chamarajanagar for the offences punishable under Sections 75, 76, 78, 329(4) of the Bharatiya Nyaya Sanhita, 2023.

¶23

3 -

¶24

NC: 2026:KHC:19568 CRL.P No. 4290 of 2026

¶25

HC-KAR

¶26

Brief facts of the case :

¶27

The case of the prosecution is that the complainant

¶28

is the elder daughter of Mr. Jadegowda and Mrs. Mahadevi. They were residing in the address stated in the complaint. On 29.01.2026, the parents and brothers of the complainant had been to Kodagu on their work. The complainant was staying in the house along with the brother and sisters. On the same day, at about 11.00 p.m., the petitioner under the influence of alcohol entered into the house by removing the tiles of the house and outraged the modesty of the complainant.

¶29

Based on the said complaint, the respondent police registered a case in Cr.No.13/2026 against the petitioner. The investigation is under progress.

¶30

Heard Smt. Urmila Pullat, learned counsel for the petitioner and Ms. Asma Kouser, learned Addl. SPP for respondent-State.

¶31

It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged

¶32

4 -

¶33

NC: 2026:KHC:19568 CRL.P No. 4290 of 2026

¶34

HC-KAR

¶35

offences and he has been falsely implicated in this case. There is a delay of days in lodging the complaint. The petitioner is a young man, aged about 25 years and a resident of Kanneri Colony Village, Chamarajanagara Taluk. He will abide by the conditions to be imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition.

¶36

6. Per contra, learned Addl. SPP for the respondent State vehemently submitted that the offence committed by the petitioner against the woman is heinous in nature. There is a threat to the life of the witness. Therefore, the petition has to be rejected.

¶37

Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, which indicate that the petitioner and the complainant are residents of the same place. The complainant was running a small petty shop where the petitioner used to visit and talk with her. On the date of the alleged incident, i.e., on 29.01.2026, it is alleged that he had entered into the house and tried to outrage her modesty. However, the complainant

¶38

5 - NC: 2026:KHC:19568 CRL.P No. 4290 of 2026

¶39

HC-KAR

¶40

and other family members residing in the said house, necked him out. Thereafter, the complainant consulted her mother and, after due deliberations, lodged a complaint. Having considered the said aspect, it is appropriate to grant him bail by imposing suitable conditions which would take care of the apprehension of the prosecution. Hence, I proceed to pass the following:

¶41

ORDER

¶42

(i) The petition is allowed.

¶43

(ii) The petitioner is ordered to be enlarged on bail in Crime No.13/2026

¶44

of the respondent police, pending the

¶45

file of Addl. Civil Judge (Jr.Dn.) and JMFC, Chamarajanagar, pending on

¶46

the file of Addl. Civil Judge (Jr.Dn.) and JMFC, Chamarajanagar, for the aforesaid offences on executing

¶47

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.

¶48

6 -

¶49

NC: 2026:KHC:19568 CRL.P No. 4290 of 2026

¶50

HC-KAR

¶51

(iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the

¶52

proceedings of the Court.

¶53

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

¶54

(v) The petitioner shall not indulge in any

¶55

criminal cases till disposal of the case.

¶56

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

¶57

Sd/(S RACHAIAH) JUDGE

¶58

JS

¶59

List No.: 1 Sl No.: 63

Surya v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Surya v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Gangadevi K S Vs State of Karnataka

Pramod Vs State of Karnataka by

Bayamgari Sahik Sayouf Vs State of Karnataka

Savitha H N Vs the State of Karnataka

Mr. Vinod Kesavan Vs State of Karnataka

Aswin Abbas Vs State by Udupi Women Police Station