- 1 - NC: 2025:KHC:5415 CRL.P No. 446 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 446 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: BHARATH C., S/O. CHOWDABHOVI, AGED ABOUT 21 YEARS, DRIVER, R/O: BHOVIKERI, ANTHARAGANGE VILLAGE, BHADRAVATHI TALUK-577 201. …PETITIONER (BY SRI. PRASAD B.S., ADVOCATE) AND: STATE OF KARNATAKA, BY RURAL POLICE STATION, BHADRAVATHI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001. …RESPONDENT (BY SRI. HARISH GANAPATI, HCGP FOR R/STATE) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.5056/2024 (CR.NO.94/2024) PENDING ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5415 CRL.P No. 446 of 2025 SITTING AT BHADRAVATHI FOR THE OFFENCES P/U/S 120B, 450, 201 AND 302 R/W 34 OF THE IPC REGISTERED BY THE RESPONDENT RURAL POLICE BHADRAVATHI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. FIR in Crime No.94/2024 of Bhadravathi Rural Police Station, Shivamogga came to be registered against 4 named accused for the offence punishable under Section 302 read with Section 34 of IPC, on a complaint lodged by Govinda S/o. Katikere Venkatappa. 3. It is alleged in the complaint that complainant's mother Ramakka was murdered by the accused persons by smothering her with a pillow and after killing her they took away cash of Rs.20,000/- and ear studs. - 3 - NC: 2025:KHC:5415 CRL.P No. 446 of 2025 4. A perusal of the complaint averments reveal that accused No.1, Chethan is the grand-son of the deceased. Since he had borrowed loan from others and could not repay it, he conspired with other accused to commit the murder of his grand mother, as she had a sum of Rs.20,000/- with her. After committing the murder, the accused took away the cash and ear studs belonging to the deceased. 5. In the complaint, it is stated that accused No.1, confessed with the complainant and other family members regarding commission of the offence. Charge sheet is filed against accused Chethan and the petitioner, Bharath. C., for offence punishable under Section 120-B, 450, 201, 302 read with Section 34 of IPC. Two others involved in the offence are said be minors. 6. Case of the prosecution is that accused Nos.1 and 2 along with two minors hatched a plan to commit the murder of grand-mother of accused No.1 and petitioner herein i.e., accused No.2 and the child in conflict with law - 4 - NC: 2025:KHC:5415 CRL.P No. 446 of 2025 took away CW.4-Hanumantha, son of the deceased, from the house in the guise of drinking alcohol. In the meantime, accused No.1 and another child in conflict with law entered the house and while accused No.1 smothered the deceased using a pillow, the child in conflict with law held her legs tightly. 7. The allegation against the petitioner, arraigned as accused No.2 is that he took CW.4-Hanumantha, from the house. He is alleged to have received a sum of Rs.3,000/-. It is further alleged, after the offence was committed, he along with accused No.1 went to one Sri. Sai Venkateshwara jewelers in Bhadravathi town to sell the ear studs of the deceased, however, it was found that they are not gold ear studs and therefore, they could not sell it. From the possession of the petitioner, a sum of Rs.3,000/- has been recovered. 8. The main allegation of committing the murder is against accused No.1. On the basis of extra judicial - 5 - NC: 2025:KHC:5415 CRL.P No. 446 of 2025 confession made by the said accused, FIR came to be registered, arraigning the petitioner as accused No.2. 9. The prosecution has to establish its case against the petitioner in a full fledged trial. Petitioner has been interrogated. He is not required for further interrogation. Charge sheet is already filed. Petitioner is in custody since 04.05.2024. Hence, he can be released on bail by imposing conditions. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused No.2 in Crime No.94/2024 of Bhadravathi Rural Police Station, Shivamogga is ordered to be released on bail on the following conditions: a) He shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the - 6 - NC: 2025:KHC:5415 CRL.P No. 446 of 2025 Investigating Officer/Court, if there is change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. iii) Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 33 CT:SNN