- 1 - HC-KAR NC: 2025:KHC:49875 CRL.P No. 14023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14023 OF 2025 [439(Cr.PC) / 483(BNSS)] BETWEEN: PRAMODA S/O SURESH, AGED ABOUT 35 YEARS, R/AT:TENT CIRCLE, PALAHALLI VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA - 571 606. …PETITIONER (BY SRI. SUNIL KUMAR S., ADVOCATE) AND: STATE OF KARNATAKA BY TOWN POLICE STATION, SRIRANGAPATNA POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.16/2025 REGISTERED BY SRIRANGAPATNA POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 190, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49875 CRL.P No. 14023 of 2025 191(3), 103(1) AND 109(1) OF BNS, WHICH IS NOW PENDING BEFORE THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, SITTING AT SRIRANGAPATNA IN S.C.NO.5044/2025, FOR OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(3), 49, 54, 61(2)(a), 115(2), 238, 118, 352, 249, 103(1), 109(1) AND 190 OF BNS. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.12 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.16/2025 of Srirangapatna Police Station, registered for offences punishable under Sections 189(2), 190, 191(3), 103(1) and 109(1) of Bharatiya Nyaya Sanhita, 2023, pending in S.C.No.5044/2025 on the file of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna. - 3 - HC-KAR NC: 2025:KHC:49875 CRL.P No. 14023 of 2025 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, at the time of alleged incident, the petitioner/accused No.12 was in judicial custody. The allegation against him is that, due to previous enmity, he and accused No.13 have instigated other accused over phone to kill the deceased. The petitioner was not present on the spot at the time of the incident. There is no overtact is alleged against the petitioner assaulting the deceased. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner and accused No.13 instigated the other accused to kill the deceased as they were having previous enmity with the deceased. Due to the said instigation, the other accused - 4 - HC-KAR NC: 2025:KHC:49875 CRL.P No. 14023 of 2025 assaulted the deceased and caused his death. The petitioner is having criminal antecedents and offence alleged against the petitioner is punishable with death or imprisonment for life. C.W.3 to C.W.6 are eyewitnesses to the incident and the postmortem report indicates that, there are twenty four (24) injuries on the dead body of the deceased. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the petitioner/accused No.12 and accused No.13 were having previous enmity with the deceased and when they were in judicial custody in some other case, made a phone call to accused Nos.1 and 3 and instigated them to kill the deceased. Accused Nos.1, 2, 3, 5 and 6 have assaulted the deceased with a stone and caused his death. Except the instigation by this - 5 - HC-KAR NC: 2025:KHC:49875 CRL.P No. 14023 of 2025 petitioner that too from judicial custody lodged in a prison over phone, there are no other allegations against the petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The serious overtact of assault is alleged against accused Nos.1, 2, 3, 5 and 6. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.5044/2025 (Crime No.16/2025 of Srirangapatna Police Station), pending on the file of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. - 6 - HC-KAR NC: 2025:KHC:49875 CRL.P No. 14023 of 2025 ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 47