RAGHAVENDRA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18087
CRL.P No. 102641 of 2026
C/W CRL.P No. 102559 of 2026
CNR: KAHC020178282026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102641 OF 2026
(439(CR.PC)/483(BNSS)
C/W
CRIMINAL PETITION NO. 102559 OF 2026
IN CRL.P NO. 102641/2026
BETWEEN:
RAGHAVENDRA
S/O. SHANKARAPPA RATHOD,
AGE: 35 YEARS, OCC: COOLIE,
R/O. SEVALAL NAGAR, GAJENDRAGAD,
DIST: GADAG-582114.
… PETITIONER
(BY SRI. K.L.PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH GADAG CEN P.S.-582101
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-580011.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
PRAYING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER/ACCUSED NO.1 ON REGULAR BAIL, IN GADAG CEN P.S.
CRIME NO. 36/2026, FOR THE OFFENCES PUNISHABLE U/SEC.
67(A), 66(E), 67 OF IT ACT, 2008 AND U/SEC. 319(2), 351(2), 352,
308 R/W SECTION 3(5) OF BNS, 2023.
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HC-KAR
NC: 2026:KHC-D:18087
CRL.P No. 102641 of 2026
C/W CRL.P No. 102559 of 2026
CNR: KAHC020178282026
IN CRL.P NO. 102559/2026
BETWEEN:
VINAYAK S/O. RAVI ADAVI
AGE: 20 YEARS, OCC: STUDENT,
R/O. MAIN ROAD, GOGERI-582114,
TQ: GAJENDRAGAD, DIST: GADAG.
...PETITIONER
(BY SRI. C.S. SHETTAR AND KAVYA C. SHETTER, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
THROUGH GADAG CYBER CRIME POLICE STATION,
NOW REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD-587154.
2. XXX (VICTIM)
... RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1,
SMT. SHAILA BELLIKATTI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
PRAYING TO ALLOW THIS PETITION AND ENLARGE THE
PETITIONER ON REGULAR BAIL AGAINST THE FIR IN CRIME NO.
36/2026 WHICH IS REGISTERED BY GADAG CEN P.S. CRIME NO.
36/2026 FOR THE OFFENCES PUNISHABLE UNDER SECTION 67(A),
66(E), 67 OF IT ACT 2008 AND UNDER SECTION 319(2), 351(2),
352, 308 R/W SECTION 3(5) OF BNS, 2023.
THESE PETITIONS, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-D:18087
CRL.P No. 102641 of 2026
C/W CRL.P No. 102559 of 2026
CNR: KAHC020178282026
ORAL ORDER
PER:HON'BLE MR. JUSTICE VENKATESH NAIK T
Crl.P.No.102641/2026 is filed by the petitioner/accused
No.1 and Crl.P.No.102559/2026 is filed by the
petitioner/accused No.2 respectively under Section 483 of
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking
regular bail in S.C.No.339/2026, pending on the file of learned
Additional District and Sessions Judge, Gadag in connection
with Crime No.36/2026 of Gadag CEN Crime Police Station
registered for the offences punishable under Sections 67(A),
66(E), 67of IT Act, 2008 and under Section 319(2), 351(2),
352, 308 read with Section 3(5) of the BNS Act, 2023.
2. The brief facts of the prosecution case in nutshell is
as under:
The de facto complainant-Smt. Deepika Lakkalakatti,
lodged a complaint alleging that her husband is engaged in a
private engineering job and she was having disputes with her
husband. The victim and her husband had disputes for the past
two years on account of the alleged illicit relationship of her
husband, which fact was known to accused No.1. Thereafter,
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HC-KAR
NC: 2026:KHC-D:18087
CRL.P No. 102641 of 2026
C/W CRL.P No. 102559 of 2026
CNR: KAHC020178282026
accused No.1 came into contact with the victim through
Instagram and when the victim informed accused No.1 that she
was going to her marital house, accused No.1 gave her a sum
of ₹2,500/- towards her expenses. While the victim was in her
village, accused No.1 used to call her and enquire about
matters concerning her husband. Accused No.1 stated that he
had audio recordings concerning her husband and asked her to
file a complaint, assuring her that he would appear as a
witness. Thereafter, on 26.07.2026, at about 05:30 a.m., when
the victim was proceeding for a walk, accused Nos.1 and 2
came on a motorcycle, snatched her mobile phone and again,
returned and snatched her mangalya chain. It is alleged that
they repeatedly called her, shared her obscene videos with
various persons and demanded a sum of ₹40,000/- in order to
return her mangalya chain. Hence, she lodged the complaint.
During the course of investigation, the petitioners were
arrested and in turn, remanded to judicial custody. Hence, FIR
came to be registered and Investigating Officer took up the
investigation.
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HC-KAR
NC: 2026:KHC-D:18087
CRL.P No. 102641 of 2026
C/W CRL.P No. 102559 of 2026
CNR: KAHC020178282026
3. Heard learned counsel for the petitioners and
learned High Court Government Pleader appearing for
respondent-State.
4. Learned counsel for the petitioners vehemently
contended that petitioners have been falsely implicated in the
case and they have not committed any offence. It is contended
that the alleged offences are not punishable with death or
imprisonment exceeding seven years. It is contended that now,
the investigation is completed and the Investigating Officer has
filed the charge sheet. The petitioners are ready to abide by
any conditions to be imposed by this Court. Hence, learned
counsel for the petitioners prayed to allow the petitions.
5. Per contra , the learned High Court Government
Pleader vehemently contended that, it is a case of extortion
and sexual exploitation against the victim. It is contended that
there is prima-facie material against these petitioners and they
are involved in the alleged offences. It is contended that if the
petitioners are enlarged on bail, they may threaten the victim
and hamper the trial. Hence, learned HCGP prayed to reject the
petitions.
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HC-KAR
NC: 2026:KHC-D:18087
CRL.P No. 102641 of 2026
C/W CRL.P No. 102559 of 2026
CNR: KAHC020178282026
6. Perused the material available on record.
7. On perusal of the material available on record, it
shows that there is a allegation of extortion against the
petitioners. It is alleged that the petitioners demanded a sum of
Rs.40,000/- for returning the victim's mangalya chain. Now,
the investigation is completed and the Investigating Officer has
filed the charge-sheet. The charge-sheet material also discloses
that the victim was in contact with many persons. Admittedly,
the alleged offences are not punishable with death or
imprisonment for life exceeding seven years.
8. It is well established principles of law that while
granting bail, Court has to consider the nature of the offence,
circumstances in which the offence is committed, position and
status of the petitioners with reference to the victim and
witnesses, likelihood of fleeing away from justice, of repeating
same offences by the petitioners, of tampering with the
witnesses, character and antecedents of the petitioners.
Further, the law is well settled that while disposing of the bail
petition Court need not scan the prosecution papers and hold
mini trial.
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HC-KAR
NC: 2026:KHC-D:18087
CRL.P No. 102641 of 2026
C/W CRL.P No. 102559 of 2026
CNR: KAHC020178282026
9. Keeping all these factors in mind, when the Court
goes through the entire material placed on record, it can be
said that prima facie there are no reasonable and sufficient
grounds to believe, at this stage, that the petitioners are guilty
of the offences alleged. Therefore, the petitioners are entitled
to grant regular bail. Accordingly, the Court proceed to pass the
following;
ORDER
The criminal petitions are allowed . The
petitioner/accused No.1 in Criminal Petition No.102641/2026
and petitioner/accused No.2 in Criminal Petition
No.102559/2026 are ordered to be released on regular bail in
S.C.No.339/2026, pending on the file of learned Additional
District and Sessions Judge, Gadag in connection with Crime
No.36/2026 of Gadag CEN Crime Police Station, on executing
personal bond for a sum of Rs.2,00,000/- each with two
sureties or for the like sum to the satisfaction of the trial
Court/jurisdictional Court subject to following conditions:
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HC-KAR
NC: 2026:KHC-D:18087
CRL.P No. 102641 of 2026
C/W CRL.P No. 102559 of 2026
CNR: KAHC020178282026
i. The petitioners shall appear before the
jurisdictional Court on all the dates of hearing
without fail.
ii. The petitioners shall not tamper with prosecution
witnesses.
iii. The petitioners shall not directly or indirectly
tamper with or threaten the prosecution witnesses
in any manner.
iv. The petitioners shall co-operate with the
Investigating Officer.
v. The petitioners shall not involve in any offences in
future, and
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT:GSM
LIST NO.: 1 SL NO.: 39