NAVEEN N A vs STATE BY MADANAYAKANAHALLI POLICE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59991
CRL.A No. 950 of 2026
CNR: KAHC010381902026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 950 OF 2026 (U/S 14(A) (2))
BETWEEN:
1. NAVEEN N A
S/O. LATE DASAPPA,
AGED ABOUT 29 YEARS,
R/O KAGGALIPURA VILLAGE,
THATTAGUPPA ROAD,
KANAKAPURA MAIN ROAD,
BENGALURU.
PIN CODE NO 562162
2. AKHIL.B,
S/O. DEVAAKUMAR,
AGED ABOUT 21 YEARS,
RO NO. 11/87A,
MALA STREET,
YADDAKKI MANDAL,
TALAPATHRI VILLAGE AND TALUK,
AANDAPURA DISTRICT,
ANDRAPRADESH-515 408
PRESENTLY RESIDING AT
ADAKAMARANAHALLI,
UNITY SOCIAL SERVICES
REHAB CENTER BENGALURU.
PIN CODE NO 5162162
…APPELLANTS
Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka
(BY SRI. RAJU C N.,ADVOCATE)
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HC-KAR
NC: 2026:KHC:59991
CRL.A No. 950 of 2026
CNR: KAHC010381902026
AND:
1. STATE BY MADANAYAKANAHALLI POLICE
BENGALURU, REPRESENTED BY SPP
HIGH COURT OF KARNATAKA AT
BANGALORE-560009.
2. ADILAKSHMI,
W/O P.N.GOPI
AGED ABOUT 43 YEARS,
R/AT. 43, NO.72, 10TH CROSS,
SONNENAHALLI, VIVEK NAGARA POST,
BENGALURU-560047.
…RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP. FOR R1,
SRI. RAMESH H. N., ADV. FOR R2.)
CRL.A FILED U/S 14(A)2) OF SC/ST (POA) ACT BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ND
ORDER DATED 05.03.2026, PASSED BY THE 2 ADDL. DIST.
AND SESSIONS JUDGE AND SPL. JUDGE BENGALURU RURAL
DIST. BENGALURU IN CRL.MISC.NO.42/2026 ARISING OUT OF
CR.NO.999/2025 OF MADANAYAKANAHALLI P.S. BENGALURU
AND ENLARGE THE APPELLANTS ON BAIL FOR THE OFFENCE
P/U/S 105,115(2),118(1)(2),127(2),238 R/W 3(5)(6)(7) OF
BNS AND SEC.3(2)(V) OF SC/ST (POA) ACT BY ALLOWING
THIS APPEAL.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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HC-KAR
NC: 2026:KHC:59991
CRL.A No. 950 of 2026
CNR: KAHC010381902026
ORAL JUDGMENT
1. The appellants who are accused Nos.2 and 3 have
preferred this appeal against the order dated 05.03.2026
passed in Crl.Misc.No.42/2026 by the II Addl. District and
Sessions Judge and Special Judge, Bengaluru Rural
District, Bengaluru (for short, 'the trial Court').
2. I have heard the arguments on both sides.
3. On the basis of the complaint filed by Smt.
Adilakshmi, Madanayakanahally Police have registered the
case in Crime No.999/2025 against accused Nos.1 to 4 for
the offence punishable under Sections 103(1), 127(3),
3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section
3(2)(v) of SC and ST (POA) Act, 1989.
4. During the course of investigation, the present
appellants-accused Nos.2 and 3 were arrested on
23.12.2025 and application was filed under Section 483 of
BNSS, 2023. Same came to be dismissed. Being aggrieved
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HC-KAR
NC: 2026:KHC:59991
CRL.A No. 950 of 2026
CNR: KAHC010381902026
by the rejection of application, the appellants have
preferred this appeal.
5. The learned counsel for appellants would submit that
the charge sheet is already filed. The present appellants
are not required for further investigation. The charge
sheet is filed under Sections 105, 115(2), 118(1)(2),
127(2), 238 read with 3(5)(6)(7) of BNS 2023, read with
3(2)(v) of SC and ST (POA) Act, 1989. The Co-ordinate
Bench of this Court has granted bail to accused No.1 in
Crl.A.No.595/2026, accused Nos.11, 12 and 13 in
Crl.A.No.655/2026 clubbed with Crl.A.No.656/2026 and
accused No.10 in Crl.A.No.513/2026 and accordingly,
sought for allowing the application.
6. As against this, the learned counsel for respondent
No.2 Sri Ramesh H N, and the learned HCGP Sri K.
Nageshwarappa do not dispute that other accused are
already granted bail.
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HC-KAR
NC: 2026:KHC:59991
CRL.A No. 950 of 2026
CNR: KAHC010381902026
7. I have examined the materials placed before this
court. On the basis of the complaint filed by
Smt. Adilakshmi, Madanayakanahally Police have
registered the case in Crime No.999/2025 against accused
Nos.1 to 4 for the offence punishable under Sections
103(1), 127(3), 3(5) of Bharatiya Nyaya Sanhita (BNS),
2023 and Section 3(2)(v) of SC and ST (POA) Act, 1989.
8. After investigation, the Investigating Officer has
submitted charge sheet against accused Nos.1 to 13 for
the offence punishable under Sections 105, 115(2),
118(1)(2), 127(2), 238 read with 3(5)(6)(7) of BNS 2023,
read with 3(2)(v) of SC and ST (POA) Act, 1989.
9. At the time of filing charge sheet, the IO has dropped
the offence under Sections 103(1), 127(3) of BNS, 2023.
The commission of alleged offence under Section 105 of
BNS, 2023 is punishable with imprisonment of either
description for a term which may extend to 10 years and
with fine.
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HC-KAR
NC: 2026:KHC:59991
CRL.A No. 950 of 2026
CNR: KAHC010381902026
10. Considering the nature & gravity of offence, prior
antecedents of the appellants and granting of bail to other
accused by the Co-ordinate Bench of this Court, I proceed
to pass the following:
O R D E R
(i) Appeal is allowed ;
(ii) The order dated 05.03.2026 passed in
Crl.Misc.No.42/2026 by the II Addl. District &
Sessions Judge and Special Judge, Bengaluru Rural
District, Bengaluru, is hereby set aside ;
Consequently, application filed under Section 483 of
BNSS, 2023 is allowed, subject to following
conditions:
a) Appellants/accused Nos.2 and 3 shall
be released on bail on executing self-bond
of Rs.1,00,000/- each with one surety each
for likesum to the satisfaction of the trial
Court;
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HC-KAR
NC: 2026:KHC:59991
CRL.A No. 950 of 2026
CNR: KAHC010381902026
b) Appellants/accused Nos.2 and 3 shall
not tamper or threaten the prosecution
witnesses in any manner;
c) Appellants/accused Nos.2 and 3 shall
appear before the Court on all the dates of
hearing.
Sd/-
(G BASAVARAJA)
JUDGE
KBM,DHA
List No.: 1 Sl No.: 37