- 1 - HC-KAR NC: 2025:KHC:27312 CRL.P No. 9461 of 2025 C/W CRL.P No. 9470 of 2025 CRL.P No. 9514 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9461/2025 C/W CRIMINAL PETITION NOs. 9470/2025, 9514/2025 IN CRL.P No. 9461/2025: BETWEEN: 1. SOMESH R @SOMASHEKAR S/O ANNAYYAPPA @RAMESH AGED ABOUT 27 YEARS R/O BANTANAHALLI VILLAGE MALUR TALUK, LAKKUR (H) KOLAR DISTRICT - 563 130 PERMANENT ADDRESS PADAVANAHALLI VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR - 563 130. 2. VENKATESH S/O LATE PILLAPPA AGED ABOUT 32 YEARS PADAVANAHALLI VILLAGE LAKKUR HOBLI, MALUR TALUK - 563 130, KOLAR - 563 130 AND ALSO AT MANGAPURA VILLAGE KASABA HOBLI, MALUR TALUK - 563 130. …PETITIONERS (BY SRI ANAND R.V, ADV.) AND: STATE OF KARNATAKA REP BY SUB INSPECTOR, MALUR POLICE STATION, MALUR TALUK Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27312 CRL.P No. 9461 of 2025 C/W CRL.P No. 9470 of 2025 CRL.P No. 9514 of 2025 KOLAR DISTRICT - 563 130 REP.BY STATE PUBLIC PROSECUTOR OFFICE ATTACHED TO HIGH COURT BUILDING, DR.B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON REGULAR BAIL IN CR.NO.88/2025 (MALUR P.S. KOLAR DISTRICT) FOR THE OFFENCE P/U/S 189(2),191(3),118(1),109,103(1),190 OF BNSS 2023 SAME IS PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT MALUR IN C.C.NO.1104/2025. IN CRL.P NO. 9470/2025: BETWEEN: ANNAIYAPPA @ RAMESH @RAMESH S/O LATE MUNISHAMAPPA AGED ABOUT 59 YEARS R/O. PADAVANAHALLI VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR - 563 130. ...PETITIONER (BY SRI SRINATHA B.V, ADV.) AND: STATE OF KARNATAKA REP BY SUB INSPECTOR MALUR POLICE STATION MALUR TALUK, KOLAR DISTRICT - 563 130 REP.BY STATE PUBLIC PROSECUTOR OFFICE ATTACHED TO HIGH COURT BUILDING, DR.B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) - 3 - HC-KAR NC: 2025:KHC:27312 CRL.P No. 9461 of 2025 C/W CRL.P No. 9470 of 2025 CRL.P No. 9514 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.88/2025 (MALUR PLICE STATION KOLAR DISTRICT) FOR THE OFFENCES P/U/S. 189(2), 191(3), 118(1), 109, 103(1), 190 OF BNSS-2023 SAME IS PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DN.) AND JMFC COURT AT MALUR IN CC.NO.1104/2025. IN CRL.P NO. 9514/2025 BETWEEN: SURYA M S/O MANI AGED ABOUT 24 YEARS NO.2/146, KALURAN KOTTAI GANGUSHETTI PATTI VILLAGE PALAKADU TALUK DHARMAPURI DISTRICT TAMILNADU STATE - 635 105. ...PETITIONER (BY SRI THIMMARAYAPPA M.K, ADV.) AND: STATE OF KARNATAKA REP. BY SUB INSPECTOR MALUR POLICE STATION MALUR TALUK, KOLAR DISTRICT - 563 130 REP.BY STATE PUBLIC PROSECUTOR OFFICE ATTACHED TO HIGH COURT BUILDING, DR.B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. ...RESPONDENT (BY SMT. RASHMI PATEL, 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 ENLARGE HIM ON REGULAR BAIL IN CR.NO.88/2025 (MALUR P.S. KOLAR DISTRICT) FOR THE OFFENCE P/U/S 189(2),191(3),118(1),109,103(1),190 OF BNSS 2023 SAME IS PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND - 4 - HC-KAR NC: 2025:KHC:27312 CRL.P No. 9461 of 2025 C/W CRL.P No. 9470 of 2025 CRL.P No. 9514 of 2025 J.M.F.C COURT AT MALUR IN C.C.NO.1104/2025. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1, 3, 6 and 12 in Crime No.88/2025 registered by Malur Police Station, Kolar, for the offences punishable under Sections 103(1), 109, 118(1), 189(2), 190 and 191(3) of BNS, 2023, are before this Court in these three petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.88/2025 was registered by Malur Police Station, Kolar, for the aforesaid offences against Annayappa and others based on the first information dated 20.03.2025 received from Earappa S/o late Munirappa, who is one of the injured victims in the present case. During the course of investigation, petitioners herein were arrested on 20.03.2025. After completing investigation, charge sheet has been filed against 13 persons. Petitioners herein are arraigned as accused - 5 - HC-KAR NC: 2025:KHC:27312 CRL.P No. 9461 of 2025 C/W CRL.P No. 9470 of 2025 CRL.P No. 9514 of 2025 Nos.1, 3, 6 and 12 in the charge sheet. Bail application filed by accused Nos.3, 6 and 12 before the Trial Court was rejected at crime stage. Therefore, they had approached this Court in Crl.P.No.5934/2024 which was rejected as against them by order dated 29.04.2025. Subsequently, investigation in the case was completed and charge sheet was filed. Thereafter, accused Nos.1, 3, 6 and 12 had filed a fresh bail application before the jurisdictional Sessions Court which was rejected. Therefore, they are before this Court in this successive bail application. 4. Learned counsel for the petitioners submits that similarly situated accused persons have been enlarged on bail by this Court in Crl.P.No.7513/2025 and Crl.P.No.7095/2025. The allegation in the charge sheet about dashing the offending cars against deceased and the injured victims is only as against accused Nos.2 and 5. Petitioners do not have any criminal antecedents. Accordingly, they pray to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions however, does not dispute the submission made by learned counsel for the petitioners. - 6 - HC-KAR NC: 2025:KHC:27312 CRL.P No. 9461 of 2025 C/W CRL.P No. 9470 of 2025 CRL.P No. 9514 of 2025 6. A perusal of the first information would go to show that there is a property dispute between the two parties and on 19.03.2025 at about 06.45 p.m. when the borewell lorry was on its way to the property of the first informant, accused No.1 and his family members allegedly stopped the said lorry for the reason that the said lorry had damaged the standing crop in the property of accused No.1. Thereafter, the borewell lorry was taken to the property of the first informant through a different road and they had parked the borewell lorry in their property and had slept near by. It appears that on the intervening night of 19.03.2025 and 20.03.2025, when the first informant and others were sleeping near the borewell lorry, accused persons who came in cars, had dashed the cars against the first informant and others and in the said incident one Muniraju had died and three others had suffered injuries. 7. Investigation in the case is completed and charge sheet has been filed. In the charge sheet, allegation of driving the offending cars which were dashed against the deceased and injured victims is as against accused Nos.2 and 5. There is no such allegation as against petitioners herein. Similarly placed - 7 - HC-KAR NC: 2025:KHC:27312 CRL.P No. 9461 of 2025 C/W CRL.P No. 9470 of 2025 CRL.P No. 9514 of 2025 other accused persons have been granted regular bail by this Court in Crl.P.Nos.7513/2025, 7095/2025 C/w Crl.P.No.7191/2025. Undisputedly, petitioners do not have any criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.88/2025 registered by Malur Police Station, Kolar, for the offences punishable under Sections 103(1), 109, 118(1), 189(2), 190 and 191(3) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 8 - HC-KAR NC: 2025:KHC:27312 CRL.P No. 9461 of 2025 C/W CRL.P No. 9470 of 2025 CRL.P No. 9514 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN