- 1 - HC-KAR NC: 2025:KHC:20361 CRL.P No. 6052 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6052 OF 2025 BETWEEN: SHIVAIAH @ SHIVAPPA S/O PUTTASIDDAIAH AGED ABOUT 33 YEARS R/AT MULKUNDI VILLAGE HULLALLI HOBLI, NANJANGUD TALUK, MYSURU DISTRICT. …PETITIONER (BY SRI K.A. CHANDRASHEKARA, ADV.) AND: THE STATE OF KARNATAKA BY THE POLICE OF HULLALLI POLICE STATION, NANJANGUD TALUK, MYSURU DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT HIM BAIL IN CR.NO.183/2024 OF HULLAHALLI POLICE STATION, NANJANGUD TALUK, MYSURU DISTRICT, NOW PENDING IN C.C.NO.27/2025 BEFORE LRD. SENIOR CIVIL JUDGE AND JMFC COURT, NANJANGUD, MYSURU DISTRICT FOR THE OFFENCE P/U/S 61(1), 103(1), 283 AND 3(5) OF BNS 2023. 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 M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20361 CRL.P No. 6052 of 2025 ORAL ORDER 1. Accused No.2 in Crime No.183/2025 registered by Hullahalli Police Station, Mysuru District, for the offences punishable under Sections 61(1), 103(1), 238 and 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.183/2025 was registered by Hullahalli Police Station, Mysuru, initially for the offence punishable under Section 103 of BNS, 2023, against unknown persons based on the first information dated 18.10.2024 submitted by Rangaramu A S/o late Anjanaiah, brother of deceased Sadashiva. During the course of investigation, petitioner herein was arrested on 03.11.2024. After completing investigation, charge sheet has been filed against three persons. Petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.284/2025 was rejected on 09.04.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:20361 CRL.P No. 6052 of 2025 4. Learned counsel for the petitioner submits that accused No.1 has been granted regular bail in this case by the jurisdictional Sessions Court in Crl.Misc.No.2063/2024 disposed of on 20.03.2024. Petitioner having no other criminal antecedents is in custody from 03.11.2024. The only allegation against him is that he had held the deceased to enable accused No.1 to assault him on his neck. The entire case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. First information in the present case was registered against unknown persons after the dead body of deceased Sadashiva was recovered. In the charge sheet which is filed subsequently after completing investigation, it is alleged that accused No.1 Rajeshwari had developed illicit relationship with the petitioner, who is the son of elder sister of deceased Sadashiva. It is further alleged that after Rajeshwari was advised by her family members, she had discontinued her relationship with the petitioner and had developed relationship - 4 - HC-KAR NC: 2025:KHC:20361 CRL.P No. 6052 of 2025 with accused No.3, who was residing in their neighbourhood. The allegation in the charge sheet is that accused Nos.1 to 3 conspired to commit the murder of Sadashiva and in furtherance of such conspiracy on 17.10.2024, all the accused persons mixed sleeping tablets in the food of the deceased and made him consume the same in his house and thereafter when he was sleeping, they shifted him in an auto rickshaw which was driven by the petitioner and in an isolated place near Government High School at Maduvinahalli, they made Sadashiva to sleep on the ground and when accused Nos.2 and 3 held the deceased, accused No.1 allegedly assaulted Sadashiva on his neck with a knife which she had bought and thereby, accused persons committed his murder. Accused No.1 as against whom there is an allegation of assaulting the deceased on his neck with a knife has been granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.2063/2025. Undisputedly, petitioner has no other criminal antecedents. The entire case of the prosecution is based on circumstantial evidence. The allegation against the petitioner is that he had held the deceased to enable accused No.1 to assault him with a knife. Considering the aforesaid - 5 - HC-KAR NC: 2025:KHC:20361 CRL.P No. 6052 of 2025 aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.183/2025 registered by Hullahalli Police Station, Mysuru District, for the offences punishable under Sections 61(1), 103(1), 238 and 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; - 6 - HC-KAR NC: 2025:KHC:20361 CRL.P No. 6052 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