- 1 - HC-KAR NC: 2025:KHC:28965 CRL.P No. 9773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9773 OF 2025 BETWEEN: 1. SRI. SHIVANNA @ SHIVAKUMAR S/O MANJUNATHA, AGED ABOUT 32 YEARS, R/AT: KUMBALAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114. 2. SRI. VARUN S. S/O M. SHIVAKUMAR, AGED ABOUT 24 YEARS, R/AT: KUMBALAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114. 3. SRI. SUBRAMANI A. S/O ANNAPPA, AGED ABOUT 35 YEARS, R/AT: KUMBALAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114. 4. SRI. RAMESHA K.M. S/O MANJUNATHA, AGED ABOUT 44 YEARS, R/AT: KUMBALAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114. 5. SRI. NAGARAJA A. S/O ABBAIAH, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28965 CRL.P No. 9773 of 2025 AGED ABOUT 45 YEARS, R/AT: KUMBALAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114. …PETITIONERS (BY SRI. K. RAM SINGH, ADVOCATE) AND: THE STATE OF KARNATAKA BY NANDAGUDI POLICE STAITON REPRESENTED BY STATE PUBLIC PROSECUTOR, THE HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT NANDAGUDI POLICE TO RELEASE THE PETITIONERS IN THE ANTICIPATORY BAIL EVENT OF THEIR ARREST IN CRIME NO.26/2025 AND IN C.C.NO.3051/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 120(B), 201, 364, 302, 143 R/W 149 OF IPC, PENDING BEFORE THE LEARNED ADDL. CIVIL JUDGE (JR.DVN) AND JMFC COURT, AT HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:28965 CRL.P No. 9773 of 2025 ORAL ORDER Petitioners are arraigned as accused Nos.5 to 9 in the charge sheet filed by Nandagudi Police in their Station Crime No.26/2025. 2. The instant petition is preferred under Section 482 of BNSS, 2023 praying to enlarge the petitioners on anticipatory bail. 3. Initially, a man missing case was registered in Crime No.123/2023 at Nandagudi Police Station and during investigation, M. Beeresh Kumar – accused No.1 was interrogated on 25.02.2025. During such interrogation, the police sub-Inspector of Nandagudi Police Station collected information about the murder of Bhattesh and accordingly, he lodged a suo motto complaint, on the basis of which Crime No.26/2025 was registered against accused Nos.1 to 9 for offences punishable under Section 120B, 149, 201, 364 and 302 IPC. Accused Nos.1 to 4 - 4 - HC-KAR NC: 2025:KHC:28965 CRL.P No. 9773 of 2025 were arrested on the same day and they were remanded to judicial custody. 4. It is the case of prosecution that the deceased Bhattesh was having illicit relationship with sister-in-law of accused No.1 (CW.52) and therefore, the said accused was nurturing ill-will against the deceased and along with other accused persons committed his murder on 17.06.2023, during night hours, by assaulting him with club and stones. 5. The incident took place on 17.06.2023. Initially a man missing complaint was registered in Crime No.123/2023 on 02.07.2023, on the basis of the complaint lodged by mother of the deceased – Smt. Pushpamma (CW.41). The crime according to the prosecution came to be revealed only on 25.02.2025. It appears that on the basis of the voluntary statement of accused Nos.1 to 4, the petitioners are arraigned as accused Nos.6 to 9 respectively. - 5 - HC-KAR NC: 2025:KHC:28965 CRL.P No. 9773 of 2025 6. The motive is attributed against accused No.1. There is no specific motive attributed against the present petitioners. It is contended by the learned counsel for petitioners that as per final opinion, definitive cause of death could not be given as dead body was in the advanced stage of decomposition, however, possibility of death due to Coronary Artery disease cannot be ruled out. He contended that as per Post Mortem Report there were no external injuries present on the body and therefore, the case of prosecution that all the accused have assaulted the deceased with clubs and stones is not believable. 7. Accused Nos.1 to 4 had preferred Crl.P.No.9261/2025 and this Court vide order dated 23.7.2025 has enlarged them on bail by imposing conditions. The material against the petitioners herein is not different from the material collected against accused Nos.1 to 4. - 6 - HC-KAR NC: 2025:KHC:28965 CRL.P No. 9773 of 2025 8. Considering that similarly placed accused are already enlarged on bail, petitioners are entitled for the relief sought. 9. Hence, the following: i. Petition is allowed. ii. Petitioners/accused Nos.6 to 9 in Crime No.26/2025 of Nandagudi Police Station, Bengaluru District, shall be released in the event of their arrest subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each, with two sureties for the likesum. b) They shall furnish their residential address/contact number and shall inform the I.O in case of any change in the address/contact number. - 7 - HC-KAR NC: 2025:KHC:28965 CRL.P No. 9773 of 2025 c) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) They shall not indulge in criminal activities. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB,TL List No.: 1 Sl No.: 33