- 1 - HC-KAR NC: 2025:KHC:28005 CRL.P No. 9442/2025 C/W CRL.P Nos. 9360/2025, 9441 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9442/2025 C/W CRIMINAL PETITION NOs. 9360/2025, 9441/2025 IN CRL.P No. 9442/2025: BETWEEN: GOPAL P.M. @ GOPI S/O MONNAIAH AGED ABOUT 38 YEARS R/O MUTTLE VILLAGE SOMWARPET TALUK KODAGU DISTRICT - 571 236. …PETITIONER (BY SRI PRASANNA D.P, ADV.) AND: THE STATE OF KARNATAKA BY SOMAWARPET POLICE STATION, REP. BY SPP HIGH COURT COMPLEX 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 RELEASE HIM ON BAIL IN CR.NO.80/2025 REGISTERED BY SOMWARPET POLICE STATION, KODAGU DISTRICT, FOR THE OFFENCES P/U/S 61(2)(a), 109(1), 238, 309(4) R/W 3(5) OF BNS 2023 NOW PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, SOMWARPET. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28005 CRL.P No. 9442/2025 C/W CRL.P Nos. 9360/2025, 9441 of 2025 IN CRL.P NO. 9360/2025: BETWEEN: RAMESH S.N S/O LATE NARAYAN SWAMY AGED ABOUT 57 YEARS R/O 1, 3 MAIN ROAD 4TH CROSS, KOTTIGEPALYA BENGALURU - 560 091. ...PETITIONER (BY SRI PRASANNA D.P, ADV.) AND: STATE OF KARNATAKA BY SOMAWARPET POLICE STATION REP BY SPP, HIGH COURT COMPLEX BENGALURU - 560 001. ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.80/2025 REGISTERED BY SOMWARPET POLICE STATION KADAGU DISTRICT, FOR THE OFFENCE P/US/ 61(2)(a),103(1),238,309(4) R/W SEC.3(5) OF BNS 2023 NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC SOMWARPET. IN CRL.P NO. 9441/2025: BETWEEN: SRIDHAR G.K S/O KRISHNEGOWDA AGED ABOUT 60 YEARS R/O GAYATHRI BADAVANE 8TH CROSS, BEHIND HOSPITAL CHENNARAYAPATTANA HASSAN DISTRICT - 573 201. ...PETITIONER (BY SRI PRASANNA D.P, ADV.) - 3 - HC-KAR NC: 2025:KHC:28005 CRL.P No. 9442/2025 C/W CRL.P Nos. 9360/2025, 9441 of 2025 AND: THE STATE OF KARNATAKA BY SOMAWARPET POLICE STATION REP. BY SPP, HIGH COURT COMPLEX BENGALURU - 560 001. ...RESPONDENT (BY SRIMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.80/2025 REGISTERED BY SOMWARPET P.S., KODAGU DISTRICT, FOR THE OFFENCES P/U/S 61(2)(a),103(1),238,309(4) R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, SOMWARPET. 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.4 to 6 in Crime No.80/2025 registered by Somwarpet Police Station, Kodagu District, for the offences punishable under Sections 61(2)(a), 103(1), 238, 309(4), 3(5) `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. - 4 - HC-KAR NC: 2025:KHC:28005 CRL.P No. 9442/2025 C/W CRL.P Nos. 9360/2025, 9441 of 2025 3. FIR in Crime No.80/2025 was registered by Somwarpet Police Station, Kodagu District, against Kiran.B.M. and others for the aforesaid offences based on the first information dated 29.05.2025 received from Vinod - brother of deceased Sampath Kumar. During the course of investigation, accused nos.4 & 5 were arrested on 26.05.2025 and accused no.6 was arrested on 29.05.2025. Their bail application filed before the jurisdictional Sessions Court was rejected, and therefore, they are before this Court. 4. Perusal of the material on record would go to show that initially a missing complaint was lodged after deceased Sampath Kumar was found missing and during the course of investigation of the case, dead body of deceased Sampath Kumar was recovered, and thereafter first information in Crime No.44/2025 was registered by Kushalanagar Town Police Station, Kodagu District, for the aforesaid offences, and the FIR was subsequently transferred to Somwarpet Police Station for want of jurisdiction and was registered in Crime No.80/2025. 5. The allegation of committing the murder of deceased Sampath Kumar is found as against accused nos.1 to 3. So far - 5 - HC-KAR NC: 2025:KHC:28005 CRL.P No. 9442/2025 C/W CRL.P Nos. 9360/2025, 9441 of 2025 as the petitioners are concerned, the allegation as against them is that they had harbored accused nos.1 to 3 and had given shelter to them. It is submitted by the learned Counsel for the petitioners that petitioners are the relatives of accused nos.1 & 2 and it is under the said circumstances, they had given shelter to accused nos.1 to 3. Petitioners are agriculturists and they do not have any criminal antecedents. Petitioners are in custody for the last nearly two months. Considering the aforesaid aspects of the mater, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. Petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.80/2025 registered by Somwarpet Police Station, Kodagu District, for the offences punishable under Sections 61(2)(a), 103(1), 238, 309(4), 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:28005 CRL.P No. 9442/2025 C/W CRL.P Nos. 9360/2025, 9441 of 2025 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; 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 KK