- 1 - NC: 2025:KHC:16810 CRL.P No. 3423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3423 OF 2025 BETWEEN: SRI. MUTTURAJU ALIYAS DAKKA @ DAKKA, S/O GOVINDARAJU, AGED ABOUT 27 YEARS, BALLEHONNIGA VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA - 571 430. …PETITIONER (BY SRI. TOMY SEBASTIAN, SR. COUNSEL FOR MS. MELANIE SEBASTIAN, ADVOCATE) AND: STATE OF KARNATAKA BY HALAGUR POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING - 560 001. …RESPONDENT (BY SM. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.130/2024 OF HALAGUR POLICE STATION, REGISTERED FOR OFFENSES U/S.61(2), 103, 109, 118(2), 3(5) OF BNS IN S.C.NO.116/2024 PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT MANDYA. Digitally signed by VIJAYALAKSHMI B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:16810 CRL.P No. 3423 of 2025 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.3 in S.C.No.116/2024 pending before the Court of II Addl. District and Sessions Judge at Mandya, arising out of Crime No.130/2024 registered by Halagur Police Station, Mandya, for offence punishable under Sections 61(2), 103, 109, 118(2), 3(5) of the BNS, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), for regular bail. 2. Heard learned counsel for the parties. 3. F.I.R in Crime No.130/2024 was registered by Halagur Police Station, Mandya initially for offence punishable under Sections 61(2), 103, 109, 118(2), 3(5) of the BNS against one Seven Sanju, based on the first information dated 31.07.2024 received from Siddaraju, s/o.Siddegowda, brother of deceased Shivaraju. During - 3 - NC: 2025:KHC:16810 CRL.P No. 3423 of 2025 the course of investigation of the case, petitioner herein was arrested on 17.08.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against five persons. Bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.790/2024 was rejected on 10.01.2025. Therefore, he is before this Court. 4. Learned senior counsel for the petitioner submits that only allegation against the petitioner is that he has conspired with accused persons to commit the murder of C.W.2 and had received money from Accused No.1 for the said purpose. Accused No.1 has been granted regular bail by this Court in Criminal Petition No.4208/2025. In all other criminal cases registered against the petitioner, he has been enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition, submits that the petitioner is the person who had arranged Accused Nos.2, 4 and 5 for the purpose of - 4 - NC: 2025:KHC:16810 CRL.P No. 3423 of 2025 committing the murder of C.W.2. In the event petitioner is enlarged on bail, he may tamper with the prosecution witnesses. 6. She also submits that he is a person with criminal antecedents. Accordingly, prays to dismiss the petition. 7. F.I.R in the present case was initially registered against Seven Sanju who has been arraigned as Accused No.2 in the charge sheet for offence punishable under Sections 61(2), 103, 109, 118(2) read with Section 3(5) of the BNS. During the course of investigation, Seven Sanju was arrested on 09.08.2024. It appears that based on his confession statement, other accused persons were subsequently arrested in the present case. Investigation of the case is completed and charge sheet has been filed. As per the charge sheet allegations, Accused No.1 and C.W.2-Vinod Kumar, were in love earlier and it appears that Accused No.1 had filed Criminal case against C.W.2 alleging that he had sexual intercourse with her with an - 5 - NC: 2025:KHC:16810 CRL.P No. 3423 of 2025 assurance to marry her. It is further alleged in the charge sheet that Accused No.1 had contacted the petitioner herein seeking his assistance to eliminate C.W.2 and accordingly, had given Supari amount and in furtherance of conspiracy between accused Nos.1 and 3, accused No.3 allegedly contacted his friends accused Nos.2, 4 and 5 and on the alleged date of incident, accused No.2 who was armed with a knife, allegedly assaulted Kantharaju with the said knife on his neck and as a result, Kantharaju had died. Thereafter, accused No.2 and accused No.5 who was present in the spot along with accused No.2, escaped from the spot in a motor cycle. 8. Undisputedly, the petitioner was not present at the spot of crime and only allegation against him is that he had conspired with the other accused persons to commit the murder of C.W.2. In the incident in question, accidentally Kantharaju was assaulted by Accused No.2, when he tried to interfere when Accused No.2 was assaulting C.W.2. It is submitted that petitioner has been - 6 - NC: 2025:KHC:16810 CRL.P No. 3423 of 2025 acquitted in all the other cases registered against him. In the present case, he is in custody from 11.08.2024. Accused No.1 has been granted regular bail by this Court in Criminal Petition No.4208/2025. Under these circumstances, I am of the view that, petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.130/2024 of Halagur Police Station registered for the offences punishable under Sections 61(2), 103, 109, 118(2), 3(5) of the BNS, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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; - 7 - NC: 2025:KHC:16810 CRL.P No. 3423 of 2025 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 BNV List No.: 1 Sl No.: 35 CT: BHK