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2025 DAILYLAW 66907 (KAR)

YELLAPPA v. STATE OF KARNATAKA

CRL.P/14849/2025 · 2025-12-10

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52231 CRL.P No. 14849 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14849 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: YELLAPPA S/O LATE GANGAPPA, AGED 70 YEARS, R/AT: KAREKUCHI 'A' COLONY, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT, KARNATAKA - 577 144. …PETITIONER (BY SRI. MANJUNATH B.R., ADVOCATE) AND: STATE OF KARNATAKA BY LAKKUVALLI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.66/2025 OF LAKKUVALLI POLICE STATION, REGISTERED FOR THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52231 CRL.P No. 14849 of 2025 OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 54, 103(1) READ WITH SECTION 3(5) OF BNS, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC AT TARIKERE. 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.3 (as per FIR) accused No.4 (as per remand application) under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.66/2025 of Lakkavalli Police Station, registered for offences punishable under Sections 61(2), 54, 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. - 3 - HC-KAR NC: 2025:KHC:52231 CRL.P No. 14849 of 2025 3. Learned counsel for petitioner would contend that, in the complaint, the allegation against the petitioner is conspiring with other accused to kill the deceased Charanraj. There is no role of this petitioner in killing of the deceased Charanraj. Accused Nos.1 and 2 who stated to have assaulted the deceased have been arrested and they are in judicial custody. The petitioner is ready to co-operate with the Investigating Officer in investigation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner has conspired with other accused to kill the deceased. The petitioner is required for custodial interrogation. She further submits that, two eyewitnesses have stated in their statements regarding instigation by this petitioner to kill the deceased. With these, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:52231 CRL.P No. 14849 of 2025 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. One Sri. Nagaraj Y. has filed a complaint dated 08.08.2025 regarding murder of his son Charanraj. In the complaint, the alleged assault has been stated to be by accused Nos.1 and 2 on the deceased Charanraj. The petitioner is stated to have conspired with other accused to kill the deceased. As per statement of eyewitnesses as submitted by learned Additional State Public Prosecutor, the petitioner has instigated the other accused to kill the deceased. The investigation is in progress. The petitioner has undertaken to co-operate with the Investigating Officer in the investigation. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following; - 5 - HC-KAR NC: 2025:KHC:52231 CRL.P No. 14849 of 2025 ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.66/2025 of Lakkavalli Police Station and is ordered to be released on bail in the event his arrest, 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 Investigating Officer. ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) The petitioner shall cooperate with the Investigating Officer in investigation. iv) The petitioner shall appear before the Investigating Officer whenever called for. v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the - 6 - HC-KAR NC: 2025:KHC:52231 CRL.P No. 14849 of 2025 case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer of tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 38