- 1 - NC: 2025:KHC:13614 CRL.P No. 2287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2287 OF 2025 BETWEEN: N.S MALLIKARJUNA S/O LATE SIDDAPPA, AGED ABOUT 50 YEARS, OCC: AGRICULTURIST, R/O BOMMAKKANAHALLY VILLAGE, CHITRADURGA TALUK AND DISTRICT, PIN - 577540. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH TURUVANUR POLICE STATION, CHITRADURGA DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLCIE TO RELEASE THE PETITIONER ON BAIL IN CR.NO.163/2024 (ON THE FILE OF LEARNED 3RD ADDL. CIVIL JUDGE AND JMFC COURT CHITRADURGA) REGISTERED BY TURUVANUR POLICE STATION, CHITRADURGA DISTRICT FOR THE ALLEGED OFFENCES P/U/S 54, 103(1), 3(5) OF BNS, 2023. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13614 CRL.P No. 2287 of 2025 THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.4 in Crime No.163/2025 registered by Turuvanur (Jogi) Police Station, Chitradurga District, for the offences punishable under Sections 54, 103(1), 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.163/2025 was registered by Turuvanur (Jogi) Police Station, Chitradurga District, initially for the offences punishable under Sections 103(1), 3(5) of BNS, 2023, against Manjunatha and others based on the first information dated 20.09.2025 received from Bommakka - daughter of deceased Thippamma and Hanumantappa. During the course of investigation of the case, petitioner herein who was arrayed as accused no.3 in the FIR was arrested on 23.09.2024. After investigation, charge sheet has been filed against four persons and petitioner is arrayed as accused no.4 in the charge sheet. His bail application filed before the jurisdictional Sessions Court - 3 - NC: 2025:KHC:13614 CRL.P No. 2287 of 2025 in Crl. Misc. No.20/2025 was rejected on 21.01.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that the only allegation against the petitioner is that he had instigated accused no.1 to commit the murder of his in-laws. Undisputedly, petitioner was not present at the spot of crime. He has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that the first informant is the wife of accused no.1 - Manjunatha. It appears that there was a dispute between the couple and subsequently, the first informant was staying in her parents house. Accused no.1 had requested his in-laws to send his wife to his house. Inspite of that, the first informant had continued to stay in her parents house. It is in this background, accused no.1 - Manjunatha had allegedly come near the property of his in-laws on 19.09.2024 and had assaulted them with a machete and had committed their murder. - 4 - NC: 2025:KHC:13614 CRL.P No. 2287 of 2025 7. The allegations against accused nos.2 to 4 is that they had instigated accused no.1 to commit the murder of his in- laws. Undisputedly, petitioner who is arrayed as accused no.4 in the charge sheet was not present at the spot of crime on the alleged date of incident. Petitioner who has no criminal antecedents is in custody from 23.09.2024. Investigation of the case is completed and charge sheet has been filed. Considering the nature of allegations against the petitioner who has no criminal antecedents and who is said to be an agriculturist by avocation, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.163/2025 registered by Turuvanur (Jogi) Police Station, Chitradurga District, for the offences punishable under Sections 54, 103(1), 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:13614 CRL.P No. 2287 of 2025 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance 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 the 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 KK