Akash S/O. Appuni Patil vs State Of Karnataka

Vijaykumar A.Patil, J

The accused No.3 has filed this petition under Section 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short,'BNSS') seeking to enlarge him on a bail in Crime No.96/2026 registered by the respondent - Police.

Sri.Sachchidanand Babaji Patil, learned counsel for the petitioner/ accused No.3 at the outset submits that this Court in Criminal Petition No.100775/2026 has stayed the further investigation and proceedings in Crime No.96/2026 registered by the Yamakanmardi Police Station for the offences punishable under Sections 126(2), 115(2), 140(3), 310(2) and 311 of BNSS. He further submitted that, in view of the stay of the further proceedings in the said crime by this Court, the petition is liable to be allowed. He also submits that the Co-ordinate Bench of this Court in Criminal Petition No.100916/2026 has considered the said aspect and allowed the petition. Hence, he seeks to allow the petition.

Per contra, Sri.Avinash Malipatil, learned High Court Government Pleader for the respondent-State submits that this Court has stayed further proceedings in the said crime. Hence, appropriate order may be passed.

I have heard the arguments of the learned counsel for the petitioner as well as the learned HCGP for the State.

Perused the order dated 16.04.2026 passed in Criminal Petition No.100775/2026. I have also perused the order passed by the Co-ordinate Bench in the case of SRI DINESH AND OTHERS Vs. THE STATE OF KARNATAKA in Criminal Petition No.100916/2026 dated 07.05.2026.

Having considered the contentions advanced and taking note of the fact that this Court has stayed the investigation in Crime No.96/2026 registered by the Yamakanmardi Police Station, I am of the view that the petitioner herein who is arrayed as accused No.3 in the aforesaid crime is also entitled to be enlarged on bail and is required to be set at free.

For the aforementioned reasons, I proceed to pass the following:

ORDER

(i) The criminal petition is allowed.

(ii) The petitioner/accused No.3 is ordered to be enlarged on bail in Crime No.96/2026 registered by the Yamakanmardi Police Station for the offences punishable under Sections 126(2), 115(2), 140(3), 310(2) and 311 of BNSS pending on the file of the Additional Civil Judge and J.M.F.C., Sankeshwar, forthwith.