KALYANI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11283
CRL.P No. 201359 of 2026
CNR: KAHC030106522026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201359 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. KALYANI
S/O SAIBANNA NIMBAL,
AGE : 26 YEARS, OCC : DRIVER,
R/O: NIMBAL,TQ: ALAND,
DIST : KALABURAGI.
NOW AT R/AT: KAMAL NAGAR,
KALABURAGI – 585 101.
2. MAHESH
S/O VENKAT JANKAR,
AGE : 19 YEARS,
OCC: COOLIE WORK,
R/O: KAMAL NAGAR,
KALABURAGI – 585 101.
…PETITIONERS
(BY SRI SANTOSH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH SUB URBAN POLICE STATION,
DIST : KALABURAGI – 585 102.
R/BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH – 585 107.
…RESPONDENT
(BY SRI SIDDALING P.PATIL, ADDL. SPP)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC-K:11283
CRL.P No. 201359 of 2026
CNR: KAHC030106522026
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(OLD) UNDER SECTION 483 OF BNSS, PRAYING TO RELEASE
THE PETITIONER NO.1 / ACUSED NO.1 AS PER FIR AND
PETITIONER NO.2/ ACCUSED AS PER REMAND REPORT ON
BAIL IN CRIME NO.170/2026 OF SUB-URBAN POLICE STATION,
KALABURAGI DISTRICT KALABURAGI, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 310(2), 311 OF BNS 2023
PENDING ON THE FILE OF V ADDL. C.J AND JMFC AT
KALABURAGI IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the arguments of learned counsel for the
petitioners and also learned Additional State Public
Prosecutor (for short ‘Addl. SPP) for the respondent/
State on the petition. Perused all the relevant materials
on record.
2. This petition is filed by the petitioner No.1
(shown as accused No.1 as per FIR) and petitioner No.2
(shown as accused as per remand application/ report)
under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 (for short ‘BNSS’) , praying for an order to
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CRL.P No. 201359 of 2026
CNR: KAHC030106522026
enlarge him on bail in the case in Crime No.170/2026 of
the respondent police for the offences punishable under
Sections 310(2) and 311 of Bharatiya Nyaya Sanhita,
2023 (for short ‘BNS’) pending on the file of learned V
Additional Civil Judge and JMFC, Kalaburagi.
3. Learned Addl. SPP has filed the report of the
Investigating officer along with copies of documents
regarding the investigation done in this case as on this
day and orally objected to the petition submitting that
there is prima facie case against the petitioners which is
heinous offence. The investigation is not yet completed.
Mere fact that this Court has granted bail to the co-
accused cannot be a ground to grant bail to the
petitioners herein as there is recovery from the
petitioner No.2 of the concerned properties and there
are antecedents of petitioner No.1 having involved in
another heinous offence, which is punishable under
POCSO Act and also similar offence under Section 380
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of IPC. At this stage, if the petitioners are released on
bail, there is chance of them tampering with prosecution
witnesses and hampering further investigation of the
case. There is also chance of them absconding and
committing similar offences. Therefore, the learned
Addl.SPP has sought for dismissal of the petition.
4. The case alleged against the petitioners is
that on 21.07.2026 at about 09.00 p.m., when the
complainant and one Sanjeev Kumar were sitting near a
brick factory at Chakra Katta of Ganjalakhed village
road, three persons came on a Motor cycle and
questioned them as to why they were sitting there and
what were they doing and they abused Sanjeev Kumar
with filthy language and assaulted him. When the
complainant went to his rescue, those three persons
also assaulted the complainant. They called somebody
over phone and told to bring Shankar. Further, another
four persons came in Motor cycle and all the seven
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CRL.P No. 201359 of 2026
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persons abused the complainant and Sanjeev Kumar
with filthy language and demanded to give money they
were having and if not they would kill them. At that
time, the petitioner/ accused No.1 threatened them by
showing knife, three persons were holding Sanjeev
Kumar and when complainant went to his rescue, other
three persons caught hold of her. The petitioner took
Rs.2,000/- from the pant pocket of Sanjeev Kumar and
also snatched his mobile and ATM Card and another
person named Abya tried to transfer money through
phone pe from mobile of Sanjeev Kumar which was
failed. Thereafter he returned the mobile of
Sanjeevkumar and took his ATM card. The said
incident occurred between 09.00 p.m. to 11.30 p.m. and
they saw the faces of petitioners and other accused
persons because of vehicles light. On 24.07.2026,
Sanjeev Kumar came to know that those persons drew
Rs.20,000/- by using his ATM card and he informed the
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same to the complainant and thus the complainant gave
complaint to the respondent Police and the case was
registered against the petitioners and other accused
persons. Hence, the petitioners along with other
accused persons have committed the alleged offences.
5. The submission of learned counsel for the
petitioners is that the petitioners are innocent of the
alleged offences and they have not committed any such
offences. Per contra , as submitted by learned Addl. SPP
for the respondent Police, the investigation is not
completed and there is recovery of the concerned
articles from the petitioner No.1. At this stage, the
contention of petitioners that they are innocent of the
offences alleged and they have not committed any such
offence does not merit consideration.
6. Further, as submitted by learned Addl. SPP,
the petitioner No.1 earlier to this case, was involved in
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the case punishable under Section 376(2)(n) of IPC and
another case for the offence under Section 6 of POCS
Act. There is a case registered against the petitioner
No.2 earlier for the similar offence. However, the
learned counsel for the petitioner No.2 has produced
copy of judgment dated 29.05.2023 in Spl.Case
(POCSO) No.63/2021 c/w Spl. Case (POCSO)
No.28/2022, wherein the petitioner herein being
accused No.1 along with other persons was acquitted of
the offences punishable under Section 4 and 6 of
POCSO Act and Section 376(2)(n) of IPC and also for
other offences.
7. However, even if the petitioner No.1 is
acquitted in the earlier case referred to above, the
materials on record would show that there were cases
against the petitioner No.1 earlier for having involved in
heinous offence and also for having committed similar
offences.
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8. Moreover, in the earlier case registered
against the petitioner No.1, bail was granted on the
condition that he shall not involve in any similar offence
and he shall not commit any other offence. However,
now the present case is registered against him for the
similar offence punishable under Section 310(2) of BNS.
The maximum punishment imposed for the alleged
offence is imprisonment for life or with rigorous
imprisonment for a term which may extend to ten years.
9. Further, the other offence under Section 311
of BNS is also punishable with imprisonment which
shall not be less than seven years. Hence, any of the
contentions of the petitioners that they are innocent of
the offences alleged against them and they have not
committed any of such offence does not merit
consideration at this stage.
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10. As submitted by learned Addl. SPP, it is
pertinent to note that the material on record would
show the antecedents of the petitioners that they are in
the habit of committing similar offences. Mere fact that
other accused persons are granted bail by this Court
cannot be a ground of parity to grant bail to the
petitioners herein, at least till the completion of
investigation in the case.
11. While granting bail to the other accused
persons, it is clear that there was no recovery from
those accused persons. Moreover, their names were not
mentioned in the FIR. However, in the present petition,
the name of the petitioner No.1 is clearly shown in FIR
and during the investigation there was recovery of
certain articles from the possession of petitioner No.2.
There is no any special ground made out by the
petitioners to grant bail in their favour.
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12. If the antecedents of the petitioners are taken
into consideration, it would be clear that if they are
released on bail, there are chances of them committing
similar offences. There is also chance of they
absconding and thereby causing inconvenience to
further investigation of the case and also to the trial of
the case.
13. It is pertinent to note that the present case
against the petitioners is for heinous offence which is
exclusively triable by the learned Sessions Judge. The
punishment for the alleged offence is imprisonment for
life or with rigorous imprisonment for a term which may
extend to ten years. At this stage, there is absolutely no
ground made out by the petitioners to grant bail, at
least till the completion of investigation and filing of
charge sheet by the respondent Police in the case on
hand. Consequently, the petitioners have failed to make
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out any ground to grant bail in their favour at this
stage. Therefore, this petition is liable to be dismissed.
14. In the result, I proceed to pass the following:
ORDER
i) The petition is hereby dismissed.
ii) However, the petitioners are at
liberty to move the trial Court for
bail after completion of investigation
and filing of charge sheet in the
case, if so advised.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 12