- 1 - NC: 2025:KHC:18286 CRL.P No. 6982 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO.6982 OF 2025 BETWEEN: SRI. LAKSHMANA S/O NARAYANAPPA AGED ABOUT 36 YEARS R/AT SOBAGANAHALLI VILLAGE KOTHAGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT KARNATAKA -572130 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI.SUNIL KUMAR S, ADVOCATE) AND: THE STATE OF KARNATAKA BY KUNIGAL POLICE STATION TUMAKURU DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-56001 …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/SEC.439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18286 CRL.P No. 6982 of 2025 HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL IN CR.NO.238/2024 REGISTERED BY THE KUNIGAL P.S., FOR THE OFFENCES P/U/SEC.302, 201, 120B, 149 OF IPC, PENDING ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT TUMAKURU IN SC.NO.192/2024 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner, who is arraigned as accused No.3 in Crime No.238/2024 of the respondent – Police, is before this Court seeking regular bail, for the offences punishable under Sections 302, 201, 120B r/w 149 of Indian Penal Code (for short 'IPC') pending before the VI Additional District and Sessions Judge at Tumakuru in S.C.No.192/2024. Factual matrix of the case: 2. It is the case of the prosecution that, a complaint came to be registered by the complainant against unknown persons for the offences punishable under Sections 279, 304(A) of IPC and Sections 134(a), 134(b) and 187 of the Indian - 3 - NC: 2025:KHC:18286 CRL.P No. 6982 of 2025 Motor Vehicles Act, 1988. During the course of investigation, the Investigation Officer received information that the petitioner herein and others have committed the murder of Ramachandraiah by way of an accident. It is further stated that accused Nos.1 to 4 entered the SH-33 main road by taking the Ertiga Car bearing No.KA-06-Z-9298 and they were waiting for arrival of Ramachandraiah, who was coming from Kunigal on his Bike bearing No.KA-02-X-3731. All these persons dashed the bike and consequently, the said Ramachandraiah fell down on the ground. The driver of the Car again took the Car in the reverse direction to confirm that whether the said Ramachandraiah died or not and thereafter, again ran over the said Car on Ramachandraiah, who was lying on the road and killed him. After confirming the murder of the deceased Ramachandraiah, accused Nos.1 to 4 have destroyed the mobile phones, which were used to commit the murder of the deceased Ramachandraiah. Based on the said investigation, in the charge sheet, the offences punishable under Sections 302, 120B, 201 read with 149 of IPC have been inserted. - 4 - NC: 2025:KHC:18286 CRL.P No. 6982 of 2025 3. Heard Sri Sunil Kumar S., learned counsel for the petitioner and Smt. Waheeda M.M., learned High Court Government Pleader for the respondent. 4. It is the submission of the learned counsel for the petitioner that the petitioner is accused No.3 – Lakshmana. He has been falsely implicated in this case. There are no eyewitnesses to indicate that he was present in the Car. Even though the prosecution has stated that C.W.2 is the eyewitness to the incident, she has not disclosed the name of the petitioner. Therefore, he may be enlarged on bail by imposing suitable conditions. It is further submitted that the petitioner is the only earning member of the family and he has to take care of the family. Making such submissions, learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned High Court Government Pleader has vehemently opposed the said submissions and she further submitted that the petitioner was one of the accused and he was present in the Car. He hatched the conspiracy along with co-accused to eliminate the deceased Ramachandraiah. They were waiting for arrival of the said Ramachandraiah from Kunigal and committed the accident and thereafter, to confirm - 5 - NC: 2025:KHC:18286 CRL.P No. 6982 of 2025 as to whether he died or not, reversed the Car and ran over the said Car on Ramachandraiah. This intention would indicate that all the persons, who were present in the said Car, had an intention to commit the murder of the deceased Ramachandraiah and therefore, the petitioner was standing on the same footing as that of other co-accused. Hence, he is not entitled for bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 6. Heard learned counsel for the respective parties and also perused the averments made in the complaint and also in the charge sheet. It appears from the records that in the FIR, a case came to be registered for the offences punishable under Sections 134(a), 134(b) and 187 of the Indian Motor Vehicles Act and Sections 279 and 304(A) of IPC. However, during the course of investigation, the Inspector of Police received an information that the petitioner and others had killed Ramachandraiah intentionally as there was rivalry existed between the deceased and others. Since the name of the petitioner is not forthcoming either in the complaint or in the statement of the eyewitnesses, I am of the considered opinion that it is not appropriate to deny him bail. - 6 - NC: 2025:KHC:18286 CRL.P No. 6982 of 2025 7. In the light of the observations made above, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.238/2024 of the respondent – Police, pending on the file of the VI Additional District and Sessions Judge at Tumakuru, in S.C.No.192/2024, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall appear before the Trial Court on all dates of hearing without fail. b) The petitioner shall not threaten nor tamper the prosecution witnesses. c) The Registry is directed to communicate this order to the Trial Court forthwith. - 7 - NC: 2025:KHC:18286 CRL.P No. 6982 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. SD/- (S RACHAIAH) JUDGE NBM/UN List No.: 1 Sl No.: 59