- 1 - NC: 2025:KHC:16911 CRL.P No. 4964 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. 4964 OF 2025 BETWEEN: SRI MAHADEVASHETTY S/O LATE RANGASHETTY AGED ABOUT 39 YEARS RESIDING AT HUNASANALU VILLAGE NANJANGUD TALUK, MYSURU DISTRICT - 571 312. …PETITIONER (BY SRI SRINIVASA D.C, ADV.) AND: STATE OF KARNATAKA BY NANJANGUD RURAL POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE BAIL TO THE PETITIONER/ACCUSED NO.1 IN THE CASE REGISTERED BY THE RESPONDENT NANJANGUD RURAL POLICE IN S.C NO.18/2025 (CR.NO.165/2024) AGAINST THE PETITIONER/ ACCUSED NO.1 U/S 126(2), 352, 118(1), 103(1) R/W 3(5) OF BNS PENDING ON THE FILE OF THE HONBLE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16911 CRL.P No. 4964 of 2025 ORAL ORDER 1. Accused No.1 in S.C.No.18/2025 pending before the Court of I Addl. District & Sessions Judge, Mysuru, arising out of Crime No.165/2024 registered by Nanjanagudu Rural Police Station, Mysuru District, for the offences punishable under Sections 126(2), 352, 118(1), 103(1) R/w 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.165/2024 was registered by Nanjanagudu Rural Police Station, Mysuru District, initially for offences punishable under Sections 126(2), 352, 118(1), 103(1) R/w 3(5) of BNS, 2023 against Mahadevashetty and two others on the basis of first information dated 06.09.2024 received from Mahadevashetty S/o late Rangashetty. During the course of investigation, petitioner was arrested on 07.09.2024 and subsequently, remanded to judicial custody. After investigation, charge sheet has been filed against two persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional - 3 - NC: 2025:KHC:16911 CRL.P No. 4964 of 2025 Sessions Court in S.C.No.18/2025 was rejected on 20.03.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that, accused No.1/petitioner suspected that deceased had illicit relationship with his wife. Therefore, he had ill-will against deceased. On 06.09.2024 at about 10.50 a.m, accused No.1 who was armed himself with iron rod, abused deceased in front of bakery at Koodlapura road, Hunasanalu village within the jurisdiction of Nanjanagudu Rural Police Station and committed his murder. CW2 Shivananja Shetty is said to be the injured eye witness in the present case. The statement of CW 2 under Section 183 of BNSS, 2023, has been recorded by the jurisdictional Magistrate on 03.10.2024. CW2 has pleaded total ignorance about the incident in question and he has not made any allegation against the petitioner about assaulting him or about assaulting the deceased. Accused No.2 has been granted regular bail by this Court in Crl.P.No.2494/2025. Undisputedly, petitioner has no other criminal antecedents and is said to be an agriculturist by avocation. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for grant of - 4 - NC: 2025:KHC:16911 CRL.P No. 4964 of 2025 regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.18/2025 pending before the Court of I Addl. District & Sessions Judge, Mysuru, arising out of Crime No.165/2024 registered by Nanjanagudu Rural Police Station, Mysuru District, for the offences punishable under Sections 126(2), 352, 118(1), 103(1) R/w 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; 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; - 5 - NC: 2025:KHC:16911 CRL.P No. 4964 of 2025 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 DN