- 1 - HC-KAR NC: 2025:KHC:48654 CRL.P No. 14748 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14748 OF 2025 BETWEEN: 1. SRI HARISH T S S/O SHASHI RAMAKRISHNA, AGED ABOUT 29 YEARS, R/AT NALLUR VILLAGE, KIRGURU POST, PONNAMPETE TALUK, KODAGU DISTRICT - 571 216 …PETITIONER (BY SRI. PUTTARAJA C.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY GONIKOPPA POLICE STATION, REPRESENTED BY STATE, PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE ABOVE SAID PETITIONER ON BAIL IN S.C.NO.5026/2025 (CR.NO.64/2025) REGISTERED BY GONIKOPPA P.S. KODAGU DISTRICT FOR THE OFFENCE P/U/S 103(1), 311, 61(2), 249 R/W 3(5) OF BNS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48654 CRL.P No. 14748 of 2025 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.5 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.5026/2025 (Crime No.64/2025 of Gonikoppa Circle Police Station) registered for the offences punishable under Sections 103(1), 311, 61(2), 249 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of II Additional District and Sessions Judge, Kodagu Madikeri sitting at Virajpet. 2. Heard learned counsel for the petitioner and the learned High Court Government Pleader for respondent/State. 3. Learned Counsel for the petitioner would contend that, there is no allegation of this petitioner committing murder of deceased Pradeep Kohli. The said - 3 - HC-KAR NC: 2025:KHC:48654 CRL.P No. 14748 of 2025 accusation of committing murder and robbery is against accused No.1 to 3. The allegation against this petitioner is conspiracy and receiving Rs.50,000/- and harbouring the accused persons even inspite of knowing that they have committed murder. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 01.05.2025. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent - State would contend that, this petitioner has conspired with the other accused to kill the deceased and rob the cash and other articles. The petitioner has harboured the offenders and he has received Rs.50,000/- from the accused persons. The charge sheet shows prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:48654 CRL.P No. 14748 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The accusation in the charge sheet is that on 23.04.2025, the petitioner went near the house of deceased and the accused No.1 to 3 entered the house of deceased, held him, assaulted him and robbed the golden articles. The accusation against the petitioner/accused No.5 is that he conspired with accused No.1 to 3 and other accused to kill the deceased and rob the valuables. Subsequent to the incident, he harboured the offenders and received cash worth Rs.50,000/- from them. There is no allegation of committing murder and robbery against this petitioner. The petitioner is in judicial custody since 01.05.2025. There are no criminal antecedents of the petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. - 5 - HC-KAR NC: 2025:KHC:48654 CRL.P No. 14748 of 2025 7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in SC No.5026 of 2005 (Crime No.64 of 2025 of Gonikoppa Circle Police Station) pending on the file of the learned II Additional District and Sessions Judge, Kodagu Madikeri sitting at Virajpet subject to following conditions. a) 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; b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; - 6 - HC-KAR NC: 2025:KHC:48654 CRL.P No. 14748 of 2025 c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co- operate for speedy disposal of the case, d) The petitioner shall not commit any offence. If he is found involved in commission of any offence, then the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PSJ List No.: 1 Sl No.: 3 CT-SG