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2025 DAILYLAW 42639 (KAR)

MR. LIKITH NAYAKA Y G v. STATE BY KUNIGAL POLICE STATION

CRL.P/12050/2025 · 2025-09-04

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34901 CRL.P No. 12050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12050 OF 2025 BETWEEN: MR. LIKITH NAYAKA Y.G. S/O GIRIJES Y.M., AGED ABOUT 21 YEARS, YADIYURU, BEHIND TEMPLE YADIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 142. …PETITIONER (BY SRI. HONNESHA B.R., ADVOCATE) AND: STATE BY KUNIGAL POLICE STATION REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL, WHO IS THE ACCUSED NO.6 IN CRIME NO.225/2025 ON THE FILE OF RESPONDENT KUNIGAL POLICE STATION, NOW PENDING ON SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL FOR THE OFFENCE PUNISHABLE UNDER SECTION 103, 238, 310(3), 249, 140(1), 308(2), 61 OF BNS ACT 2023. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34901 CRL.P No. 12050 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioner/accused No.6 on bail in Crime No.225/2025 of Kunigal Police Station, Tumakuru. 3. FIR is registered against accused No.1 by name Surya and his friend, for the offence punishable under Section 103, 238 of BNS, 2023. 4. Chargesheet has been filed against 12 accused, wherein petitioner is arraigned as accused No.6. He is arrested on 14.05.2025 and in judicial custody since then. - 3 - HC-KAR NC: 2025:KHC:34901 CRL.P No. 12050 of 2025 5. Initially a UDR came to be registered on 11.05.2025 regarding the unnatural death of first informant’s brother Nagesh D. During investigation, from the CCTV footages, it was found out that accused No.1 – Surya, son of the deceased, along with his friend committed the murder, by strangulating the deceased with a towel. On a complaint lodged by Savitha T.D., daughter of the deceased, case was registered against accused No.1 – Surya and his friend. 6. It is the case of prosecution that deceased Nagesh was not looking after his children properly and used to pick up quarrel with his son Surya – accused No.1. He also had an evil eye on his daughter and therefore, accused No.1 hatched a plan to commit his murder. It is alleged, he hired other accused by assuring payment of supari to them. However, as he was unable to fulfill the said assurance, the accused started threatening him saying, they will reveal everything to his father. Hence, he decided to commit the murder of his father. It - 4 - HC-KAR NC: 2025:KHC:34901 CRL.P No. 12050 of 2025 is further alleged that on the night intervening 10- 11.05.2025 when a verbal quarrel took place between the deceased and accused No.1, he strangulated the deceased with a towel, while accused No.2 held him tightly. Thereafter, to cause disappearance of evidence, they gave him electric shock, to project as if he died due to electrocution. 7. It is contended by the learned High Court Government Pleader that accused No.1 conspired with other accused persons to commit the murder of his father and he gave supari to them. The petitioner along with accused Nos.4 and 5 had earlier attempted to commit his murder by hitting their vehicle against the vehicle of the deceased. He therefore, contended that the petitioner is not entitled for bail. 8. It is not the case of prosecution that petitioner has committed the murder of Nagesh D. There are no material except the bald allegations that on an earlier occasion, petitioner along with accused Nos.4 and 5 tried - 5 - HC-KAR NC: 2025:KHC:34901 CRL.P No. 12050 of 2025 to commit the murder of Nagesh by causing accident. The allegations that accused instructed other accused persons to kill his father and gave supari to execute the plan etc., is a matter which has to be established during trial. 9. Learned counsel for petitioner has furnished copy of the bail order in respect of accused Nos.3, 4 and 8. The alleged role of the petitioner is not different from the one, who are granted bail. Hence, on the same terms and conditions, petitioner can be enlarged on bail. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.225/2025 of Kunigal Police Station, Tumakuru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One - 6 - HC-KAR NC: 2025:KHC:34901 CRL.P No. 12050 of 2025 Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 36