Sri Venkatesha N Vs State by Davanagere Rural Police Station

STATE BY DAVANAGERE RURAL POLICE STATION HADADI ROAD, NEAR NITTUVALLI CIRCLE-577 002 SHRINIVASA NAGARA, DAVANAGERE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001

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…RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER HEREIN BY DIRECTING THE RESPONDENT DAVANAGERE RULE POLICE STATION, DAVANAGERE TO RELEASE THE PETITIONER WITH RESPECT TO THE CRIME NO.190/2026 REGISTERED BY THE RESPONDENT DAVANAGERE RURAL P.S., DAVANAGERE FOR THE ALLEGED OFFENCE P/U/S 61(2), 310(2) OF BNS 2023, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM AT DAVANAGERE.

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(BY SRI. VINAY MAHADEVAIAH, HCGP)

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HC-KAR

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NC: 2026:KHC:37561 CRL.P No. 8396 of 2026

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CNR: KAHC010399602026

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused no.5 in Crime No.190/2026 registered by Davanagere Rural Police Station, Davanagere, for the offences punishable under Sections 61(2) & 310(2) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.190/2026 was registered by Davanagere Rural Police Station, Davanagere, for the aforesaid offences against Panchami and others, based on the first information dated 11.05.2026 received from the alleged victim Abhishekh S/o late Rangachari. In the said case, petitioner was arrested on 12.05.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against five accused. Petitioner herein is arrayed as accused no.5 in the charge sheet. His bail application filed before the jurisdictional

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HC-KAR

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NC: 2026:KHC:37561 CRL.P No. 8396 of 2026

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CNR: KAHC010399602026

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Sessions Court in Crl. Misc. No.401/2026 was rejected on 26.05.2026. Therefore, petitioner is before this Court.

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Accused nos.1 to 3 who were arrested in the present case along with the petitioner, had approached this Court in Crl.P.No.7976/2026 and Crl.P.No.8478/2026 which were allowed by this Court on 10.07.2026. In paragraph nos.6 & 7 of the order passed in Crl.P.No.7976/2026 c/w Crl.P.No.8478/2026, it is observed as under:

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"6. In the typed first information dated 11.05.2026 submitted by the victim, he has stated that about one month prior to the date of incident, he got introduced to accused No.1 - Panchami and they were speaking over phone and on 09.05.2026 at about 10.00 p.m. she had called him and had asked him to come near a bridge at Halegbhati and accordingly, he had gone there and thereafter, when they were talking to each other at about 10.30 p.m. four persons, who came in Innova car started abusing him as to why he had had brought their sister along with him and they forcibly snatched his gold chain, gold rings etc. totally worth about Rs.11 lakhs and went away. It is in this background, in respect of the alleged incident that had taken place

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HC-KAR

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NC: 2026:KHC:37561 CRL.P No. 8396 of 2026

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CNR: KAHC010399602026

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on 09.05.2026, FIR was registered on 11.05.2026 against Panchami and others.

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7. During the course of investigation, petitioners herein were arrested and after completing investigation, charge sheet has been filed against five persons. In the charge sheet, it is alleged that accused Nos.1 to 4 were acquainted to each other and they had hatched a conspiracy to rob CW1 - Abhishek and in furtherance of said conspiracy, accused No.1 had called CW1, and had developed intimacy with him. Subsequently, on 09.05.2026, she had summoned CW1 near the bridge and when she was talking to CW1, accused Nos.1 to 4, who came in a Innova car, represented themselves as brothers of accused No.1 and thereafter, they forcibly took the gold jewelry of the victim worth about Rs.11 lakhs. During the course of investigation, gold articles worth Rs.10,20,000/- has been recovered and it is stated that one gold chain was lost by accused No.4 at Bengaluru. Investigation of the case is completed and charge sheet has been filed. Accused Nos.1 to 3 do not have any criminal antecedents. The alleged offences are not punishable with death or life imprisonment. Petitioners have undertaken to abide by the conditions that may be imposed on them by this Court."

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HC-KAR

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NC: 2026:KHC:37561 CRL.P No. 8396 of 2026

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CNR: KAHC010399602026

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The allegations as against the petitioners is similar to the allegations found against accused nos.1 to 3, who have been granted regular bail by this Court. It is not in dispute that petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively on the ground of parity. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.190/2026 registered by Davanagere Rural Police Station, Davanagere, for the offences punishable under Sections 61(2) & 310(2) of BNS, 2023, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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HC-KAR

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NC: 2026:KHC:37561 CRL.P No. 8396 of 2026

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CNR: KAHC010399602026

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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KK

Sri Venkatesha N v. State by Davanagere Rural Police Station

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Sri Venkatesha N v. State by Davanagere Rural Police Station

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