Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46720 CRL.P No. 11081 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11081 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1. SHIVAPRASAD S/O CHANDREGOWDA AGED ABOUT 22 YEARS (23 YEARS AS ON TO DAY) R/A CHANDAGALU VILLAGE, SRIRANGAPATANA TALUK, MANDYA DISTRICT-571 606. …PETITIONER
(BY SMT. RAKSHA KEERTHANA K, FOR SRI. KEMPARAJU, ADVOCATES)
AND:
1.
STATE OF KARNATAKA BY SRIRANGAPATANA TOWN POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001.S …RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE/RELEASE THE PETITIONER ON REGULAR BAIL IN SC No.5023/2024 (CRIME No.206/2023) OF THE RESPONDENT SRIRANGAPATNA TOWN POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 148, 114, 120(B), 302 R/W 149 OF
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46720 CRL.P No. 11081 of 2025
IPC PENDING ON THE FILE OF THE HON’BLE III ADDL.DISTRICT AND SESSIONS JUDGE AT MANDYA, SITTING AT SRIRANGAPATNA.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Heard the learned counsel for the petitioner- accused No.1, learned Additional SPP for the State and perused the material on record.
2. On a complaint lodged by one Pramoda, brother of deceased Vinoda @ Kunta Vinu, a case in Crime No.206/2023 was registered at Srirangapatna Police Station, Mandya, against 14 named accused and others for the offence punishable under Sections 143, 148, 114, 302 and 149 IPC.
3. It is alleged in the complaint that the accused have committed the murder of complainant's brother Vinoda @ Kunta Vinu, on 02.10.2023 at about 05.30 a.m., in front of Dasachar's land, near H.M. Resort, Palahalli
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HC-KAR NC: 2025:KHC:46720 CRL.P No. 11081 of 2025
Village, Srirangapatna Taluk, Mandya, assaulting him with lethal weapons.
4. Charge sheet is filed against 21 accused for the offence punishable under Section 143, 148, 114, 120B, 302 read with 149 IPC. Out of 14 accused named in the FIR, 8 accused were dropped while filing charge sheet. The petitioner, in the FIR and charge sheet has been arraigned as accused No.1. He was arrested on
06.10.2023. He is in judicial custody.
5. As per prosecution, CW.1, CW.2 to CW.4 are the eyewitnesses to the incident. It is alleged that all the accused, on account of previous enmity, conspired to commit the murder of Vinod @ Kunta Vinu and in furtherance of the same, they traveled in different vehicles and attacked the deceased who was proceeding on a two wheeler, with lethal weapons and committed his murder.
6. As per charge sheet allegations, specific overt acts of assaulting the deceased are attributed against accused Nos.1 to 6. Undisputedly, accused Nos.2 to 5 are
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HC-KAR NC: 2025:KHC:46720 CRL.P No. 11081 of 2025
on bail. Accused Nos.2 and 11 are granted bail in Crl.P.No.9764/2025 c/w Crl.P.No.6004/2025 vide Order dated 21.07.2025, accused No.3 in Crl.P.No.11150/2025 vide
order dated 20.08.2025, accused No.4 in Crl.P.No.6884/2025 vide order dated 08.07.2025, accused No.5 in Crl.P.No.6384/2025 vide order dated 16.06.2025 and accused No.6 in Crl.P.no.10624/2025 vide order dated 15.09.2025.are granted bail.
7. Petitioner –accused No.1 is in judicial custody for nearly 2 years. There are 45 witnesses cited in the charge sheet. Charges are not yet framed. Similarly, placed accused Nos.2 to 6 are enlarged on bail. Hence, on the ground of parity, petitioner is entitled for bail. Accordingly, the following:
ORDER i) Petition is allowed. ii) ii) Petitioner -Accused No.1 is granted bail in SC No.5023/2024, on the file of the Court of III Additional District and Sessions Judge, Mandya
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HC-KAR NC: 2025:KHC:46720 CRL.P No. 11081 of 2025
(sitting at Srirangapatrna), in Crime No.206/2023 of Srirangapatna Police Station subject to following conditions: a) The petitioner –accused No.1 shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
b) The petitioner –accused No.1 shall not tamper the prosecution witnesses directly or indirectly.
c) The petitioner –accused No.1 attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.
d) The petitioner –accused No.1 shall not involve in commission of any offence, if he found involved in commission of any offence, the prosecution is at liberty to move an application seeking cancellation of his bail.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 3 Sl No.: 34 Ct.sm