Abhishek @ Christ Abhishek v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13761 OF 2026 BETWEEN:

ABHISHEK @ CHRIST ABHISHEK S/O LATE JOHN, AGED ABOUT 39 YEARS, R/AT NO.100, GROUND FLOOR, RENUKAMBA NILAYA, M.R. RICHARDS GARDEN, 3RD CROSS, N.R.I. LAYOUT, RAMAMURTHY NAGAR, BENGALURU - 560 016 …PETITIONER (BY SRI. BINU M., ADVOCATE) AND:

STATE OF KARNATAKA MARATHAHALLI P.S., REP BY HCGP/SPP, BENGALURU - 560 001 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.338/2026 REGISTERED BY MARATHAHALLI POLICE STATION, BENGALURU, FOR THE OFFENCES P/U/S 140(2), 351(2), 352 R/W SEC.3(5) OF THE BNS, 2023, WHICH IS

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

PENDING BEFORE THIS HONBLE XXIX ACJM MAYO HALL UNIT AT BENGALURU.

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

ORAL ORDER Accused No.2 in Crime No.338 of 2026 registered by Marathahalli Police Station, Bengaluru City for the offences punishable under Section 140(2), 351(2), 352 read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.338 of 2026 was registered by Marathahalli Police Station, Bengaluru City for aforesaid offences against one Paramesh and others, based on the first information dated 05.07.2026 received from Anbalagan G., who is alleged victim in the present case. During the course of investigating, the petitioner has

voluntarily surrendered before the jurisdictional Court on

14.07.2026 and remanded to judicial custody. His bail application thereafter filed before jurisdictional Sessions Court in Crl.Misc.No.25692 of 2026 was rejected on 17.08.2026. Therefore, he is before this Court

¶4Accused No.1 had approached this Court in Crl.P.No.12362 of 2026 seeking anticipatory bail. In paragraph Nos.6 and 7 of the order passed in the said petition wherein accused No.1 has been granted anticipatory bail, it is observed as follows:

"6. First informant in the present case is said to be a Group-D employee in Bruhat Bengaluru Mahanagara Palike. In the first information dated 05.07.2026, he has stated that, on 02.07.2026, he had received a phone call from his wife Sarala who informed him that, some stranger had come near their house in search of the petitioner. Thereafter, the petitioner came near the house and found accused Nos.1 and 2 near his house. They allegedly asked him to board the vehicle in which they had arrived. Thereafter, they

demanded money and threatened him of the dire consequences. Petitioner allegedly had paid total sum of Rs.95,000/- to the accused persons on 02.07.2026 and after criminally intimidating him, they allegedly had released him.

¶7In respect of the alleged incident that had taken place on

02.07.2026, first information is belatedly submitted on

05.07.2026. In the first information itself it is stated that, after the amount of Rs.95,000/- was paid by the victim, the accused persons had given time to him to repay the balance. Therefore, I find some force in the contention urged by learned counsel for petitioner that the victim had borrowed a sum of Rs.2,00,000/- from the petitioner and towards repayment of the same, the amount of Rs.95,000/- was paid by him on

02.07.2026. Undisputedly, the victim has not suffered any injury in the alleged incident in question."

¶5Petitioner is in custody in the present case from

18.07.2026 onwards. Major portion of the investigation is already completed. Considering the aforesaid aspects of

the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following : O R D E R The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.338 of 2026 registered by Marathahalli Police Station, Bengaluru City for the offences punishable under Section 140(2), 351(2), 352 read with Section 3(5) of BNS, 2023, subject to the following conditions:

a) Petitioner shall appear before Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.

b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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

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

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

Sd/- (S VISHWAJITH SHETTY) JUDGE

AMM List No.: 1 Sl No.: 56