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IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE 2^ND DAY OF NOVEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13177 OF 2026 BETWEEN:

NAVEEN S/O MANJEGOWDA AGED ABOUT 35 YEARS R/O MASUVALLI VILLAGE HALASULIGE POST SAKALESHPURA TALUK HASSAN DISTRICT.

…PETITIONER (BY SRI UTSAV GOWDA P.S, ADV.)

AND:

STATE OF KARNATAKA BY ALDUR PS, REP. BY SPP HIGH COURT OF KARNATAKA AT BENGALURU - 01.

Dig itally …RESPONDENT signed by NANDINI D (BY SRI JAGADEESHA B.N, SPP A/W Location: SRI CHANNAPPA ERAPPA, HCGP)

HIGH COUR T OF KARNATAKA THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS)

PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.155/2025 FOR THE OFFENCE P/U/S 352,351(2),85,49,103 R/W 3(5) OF BNS AND SEC.4 OF D.P ACT BEFORE RESPONDENT ALDUR P.S. PENDING STATION PENDING ON THE FILE OF THE LEARNED PRL.CIVIL JUDGE AND J.M.F.C CHIKKAMAGALURU IN CR.NO.155/2025.

THIS PETITION HAVING BEEN HEARD AND RESERVED ON

28.10.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CAV ORDER

1. This petition under Section 483 of BNSS, 2023, is filed by accused no.1 with a prayer to enlarge him on bail in S.C.No.98/2026 pending before the Court of II Addl. District & Sessions Judge, Chikkamagaluru, arising out of Crime No.155/2025 registered by Aldur Police Station, Chikkamagaluru District, for the offences punishable under Sections 352, 351(2), 85, 49, 103 read with 3(5) of BNS, 2023 and Section 4 of the Dowry Prohibition Act.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.155/2025 was registered by Aldur Police Station, Chikkamagaluru District, for the aforesaid offences against the petitioner and two others based on the first information dated 12.10.2025 received from Shubha - mother of deceased Netharavathi. In the said case, petitioner was arrested on 14.10.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.159/2026 was rejected on

09.04.2026. Therefore, petitioner is before this Court.

4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the records would reveal that petitioner was in custody of the police in the present case from 11.00 a.m. on 14.10.2025 onwards. He was produced before the jurisdictional Magistrate on 15.10.2025 at 5.45 p.m. Since the petitioner was not produced before the jurisdictional Magistrate within 24 hours from the time of his arrest, his detention becomes illegal. There is violation of Articles 21 & 22(2) of the Constitution of India, and therefore, petitioner is entitled for bail as a matter of right. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of DIRECTORATE OF ENFORCEMENT VS SUBHASH SHARMA - 2025 INSC 141, and in the judgment of the High Court of Kerala in the case of BISWAJIT MANDAL VS INSPECTOR, NARCOTIC CONTROL BUREAU, COCHIN (Bail Application No.8581/2025 disposed of on 12.08.2025).

5. Per contra, learned SPP who has opposed the bail application, submits that petitioner had voluntarily appeared before the police on 14.10.2025 at 11.00 a.m., but he was arrested on the said date only at 9.45 p.m. Though petitioner had voluntarily appeared before the police, he had not cooperated for the purpose of investigation, and therefore, he was not arrested immediately. He submits that merely for the reason that petitioner was in the police station from 11.00 a.m. on 14.10.2025, it cannot be said that he was arrested and was in detention. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of SUBHASHREE DAS ALIAS MILLI VS STATE OF ORISSA & OTHERS - (2012)9 SCC 729, and also on the judgment of the High Court of Judicature of Bombay in the case of MANOHAR SHARAD PATHARE VS THE STATE OF MAHARASHTRA & ORS. (W.P.No.3221/2026 disposed