MR PRADOOSH S RAO @ PRADOOSH vs STATE BY KAMAKSHIPALYA POLICE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61312
CRL.P No. 16692 of 2026
CNR: KAHC010753302026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 16692 OF 2026
BETWEEN:
MR PRADOOSH S RAO @ PRADOOSH,
S/O. LATE SUBBARAO,
AGED ABOUT 42 YEARS,
R/O. HOUSE NO. 56, JP ROAD,
GIRINAGAR, BANGALORE 560085,
(PETITIONER PRESENTLY
IN JUDICIAL CUSTODY).
…PETITIONER
(BY SRI K DIWAKARA, SENIOR ADVOCATE FOR
SRI SANTHOSH U,ADVOCATE)
AND:
1.
STATE BY KAMAKSHIPALYA POLICE,
REP BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
Digitally signed
by BELUR
RANGADHAMA
NANDINI
Location: HIGH
COURT OF
KARNATAKA
2. MR DARSHAN,
S/O LATE TOOGUDEEP SRINIVAS,
AGED ABOUT 48 YEARS,
R/AT NO.217, IDEAL HOMES,
RAJARAJESHWARI NAGAR,
BENGALURU - 560098.
(RESPONDENT NO.2 IMPLEADED
VIDE ORDER DATED 04.11.2026)
…RESPONDENTS
(BY SRI HASHMATH PASHA, SENIOR ADVOCATE FOR
SRI NASIR ALI, ADVOCATE FOR R2,
SRI P PRASANNA KUMAR, SPP FOR R1)
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NC: 2026:KHC:61312
CRL.P No. 16692 of 2026
CNR: KAHC010753302026
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER ON BAIL IN S.C. NO. 1319/2024,
ARISING OUT OF CRIME NO. 250/2024 OF KAMAKSHIPALYA
POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 120B, 143, 147, 148, 149, 201, 302 AND 34 OF THE
INDIAN PENAL CODE, 1860, PENDING ON THE FILE OF THE
HONBLE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, FOR A PERIOD OF 20 DAYS, I.E., TO PERFORM
THE HIS LATE FATHER, MR.SUBBARAO FIRST YEAR DEATH
ANNIVERSSARY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
The application filed by impleading applicant/accused
No.2 to come on record as respondent No.2 to oppose this
petition filed by the petitioner/approver is allowed as the
Court is of the view that the accused No.2 / impleading
applicant has a say in the matter.
2. Learned counsel for the petitioner to amend the
cause title and incorporate the name of respondent No.2 in
the cause title.
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NC: 2026:KHC:61312
CRL.P No. 16692 of 2026
CNR: KAHC010753302026
3. Heard the learned Senior counsel appearing for
the petitioner, learned Senior counsel for respondent No.2
the learned Special Prosecutor for the respondent/State.
4. The petition is filed with a prayer to enlarge
the petitioner on bail in S.C.No.1319/2024 arising from
Crime No.250/2024 before Kamakshipalya Police Station.
The offences alleged are under Sections 120B, 143, 147,
148, 149, 201, 302 and Section 34 of Indian Penal Code,
1860.
5. The matter is pending before the Additional
Sessions Judge, Bengaluru. The petitioner submits that he
should be released on bail for a period of 20 days to
perform the religious ceremonies concerning the first
death anniversary of the petitioner's father late Mr.
Subbarao.
6. Learned Senior counsel appearing for the
petitioner would submit that the petitioner's father died on
22.10.2025 and the petitioner is the only son. It is the
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HC-KAR
NC: 2026:KHC:61312
CRL.P No. 16692 of 2026
CNR: KAHC010753302026
submission that the first death anniversary (as per Hindu
calendar) falls in the second week of November, 2026 and
starting from 07.11.2026 to 12.11.2026 certain religious
ceremonies have to be performed by the petitioner, the
only son of deceased Mr.Subbarao.
7. Learned Senior counsel would submit that the
petitioner being an approver, is in custody in the
aforementioned case. Hence, his application for release on
bail for 20 days is rejected by the Trial Court on the
ground that a petition under Section 439 Criminal
Procedure Code, 1973 (Cr.P.C.) seeking release of an
approver is not maintainable because of the prohibition
under Section 306(4) of Cr.P.C.
8. Learned Senior counsel would submit that the
High Court in exercise of its power under Section 482 of
the Cr.P.C. can certainly take note of exceptional
circumstance and can pass appropriate order to ensure
that the petitioner is released on bail to enable the
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CRL.P No. 16692 of 2026
CNR: KAHC010753302026
petitioner to perform the religious ceremonies of his father
who died a year ago.
9. Learned Senior counsel would submit that the
religious ceremonies on account of first death anniversary
are important ceremonies and cannot be skipped or
postponed and have to be performed on the specific dates.
10. Learned Senior counsel would also submit that
the Trial Court has observed that it has no jurisdiction to
pass an order because of the mandate of Section 306(4)
and has referred to the judgment of the Apex Court
wherein the Apex Court has held that the High Court in
exceptional cases can pass appropriate orders to ensure
that even the approver who is in custody is released on
bail for certain period.
11. Thus, learned Senior counsel would urge that
the application be allowed and the petitioner be released
on bail for 20 days as the petitioner is required to perform
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and take responsibilities of attending the work in
connection with the aforementioned ceremonies.
12. Learned Senior counsel appearing for the
second respondent/accused would oppose the petition on
the ground that the petitioner is an approver and he is in
custody and is required to be in custody in view of the
mandate under Section 306(4) of the Cr.P.C. The said
provision is incorporated to ensure that the approver's
evidence will have sanctity and approver is not influenced
by persons who are interested in prosecuting the accused.
13. It is the further submission of the learned
Senior counsel for respondent No.2 that the petitioner was
released on bail when his father died a year ago and
during that period because of the intervention of the Police
the petitioner turned to be an approver and the Police
have been escorting the petitioner from the prison to the
Court and in the said period, the petitioner is tutored to
support the prosecution case.
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CRL.P No. 16692 of 2026
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14. In addition, the learned Senior counsel would
also urge that the Trial Court has passed an order
restraining the Police from accompanying the petitioner
while he is taken from prison to the Court and from Court
to the prison.
15. Learned Senior counsel would refer to the
judgment of the Apex Court in Suresh Chandra Bahri vs.
1
State of Bihar to urge that the petition has to be
dismissed.
16. Learned Senior counsel for respondent No.2
would also submit that examination-in-chief of the
petitioner is over and the cross-examination is deferred
pursuant to the Court order.
17. Learned Special counsel appearing for the
respondent - State would submit that the allegation of the
learned Senior counsel that the police officers have
influenced the petitioner to be an approver when he was
1
1995 Supplement 1 SCC 80
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CRL.P No. 16692 of 2026
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released on bail is ill-founded. The petitioner was released
on bail on 24.10.2025 as his father died on 22.10.2025.
18. It is also submitted that application to cite the
petitioner as approver is also allowed. It is the further
submission that taking care of the apprehension of the
accused No.2 that the petitioner is likely to be influenced
or subjected to tutoring, the special arrangement is made
by the Trial Court by providing escort by City Armed
Reserve Police and he is being brought to the Court on a
camera vigil.
19. Learned Special counsel would submit that the
petitioner's prayer for release on 20 days though cannot
be accepted, it can be accepted only for limited days
mentioned in the application namely from 07.11.2026 to
12.11.2026.
20. The Court has considered the contentions,
raised the Bar and perused the records.
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21. The Apex Court in Suresh Chandra Bahri
supra has observed that "The dominant object of requiring
an approver to be detained in custody until the
termination of the trial is not intended to punish the
approver for having come forward to give evidence in
support of the prosecution but to protect him from
possible indignation, rage and resentment of his associates
in a crime whom he has chosen to expose as well as with a
view to prevent him from the temptation of saving his one
time friends and companions after he is granted pardon
and release from the custody."
22. To the pointed question by the Court put to the
learned Senior Counsel for respondent No.2, Sri.Hasmath
Pasha, fairly submitted that keeping in mind the sensitivity
of the ceremony stated in the application, the petitioner
can be permitted to perform the religious ceremonies
concerning the first death anniversary of his father only for
5 days starting from 07.11.2026 till 12.11.2026.
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CRL.P No. 16692 of 2026
CNR: KAHC010753302026
23. It is the further submission of the learned
Senior Counsel that petitioner's presence at his residence
where the ceremonies are said to be scheduled, is not
required through out the day and after the ceremonies are
performed on each day the petitioner has to be brought
back to the prison under the strict vigil and escort of City
Armed Reserve Police.
24. It is further submitted by the learned Senior
counsel that the list of the close family members of the
petitioner and the priests who visit the petitioner's
residence on those 5 days, must be submitted to the Trial
Court as well as the prison authority and City Armed
Reserve Police. It is also submitted that no other person
should be allowed to visit the house of the petitioner and
his family members more particularly no police officer
other than City Armed Reserve Police shall be permitted to
visit the house of the petitioner.
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CRL.P No. 16692 of 2026
CNR: KAHC010753302026
25. The Court having considered the facts narrated
above and also the submissions made by the learned
Senior Counsel on both sides and also the learned Special
Counsel is of the view that, the petition cannot be allowed
to release the petitioner for 20 days as prayed for.
However, can be allowed in part, subject to the following
conditions.
26. Hence, the following:
ORDER
The Criminal Petition is allowed- in-part.
(i) The petitioner be released on bail for 5
days starting from 07.11.2026 to
12.11.2026 on executing bail bond before
the Trial Court to the satisfaction of the
Trial Court.
(ii) The petitioner shall be brought from the
prison where he is in custody at around
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08:00 a.m. on 07.11.2026 to his residence
and immediately after the completion of
the ceremony on 07.11.2026, the
petitioner should be brought back to the
prison where he is in custody.
(iii) From 07.11.2026 till 12.11.2026, the
aforementioned procedure specified in
paragraph No.(ii) shall be followed.
(iv) The petitioner shall furnish the list of
family members who are attending the
function and the priests who are officiating
the function before the Trial Court as well
as to the prison authorities and City Armed
Reserve Police.
(v) The petitioner shall not communicate in any
manner with police officer or any other
person who is connected with the case or
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CRL.P No. 16692 of 2026
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any witnesses or their close relatives
named in the charge sheet.
(vi) The petitioner shall not contact any person
concerned with the case in any manner.
(vii) The petitioner shall be brought back to the
prison before 06:00 p.m. on each day
starting from 07.11.2026 till 12.11.2026.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
BRN
LIST NO.4 SL.NO.1