- 1 - HC-KAR NC: 2025:KHC:39992 CRL.P No. 12858 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12858 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. MAHESH @ HANDIGALA MAHESHA, AGED ABOUT 30 YEARS, S/O. SEENAPPA AND ASHWATHAMMA, RESIDING AT NEAR BUS STAND, SHIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-562105. …PETITIONER (BY SRI. PRAVEEN C., ADVOCATE) AND: THE STATE BY SHIDLAGHATTA RURAL POLICE STATION, CHIKKABALLAPURA DISTRICT-562105 REPRESENTED BY S.P.P., HIGH COURT BUILDING, BENGALURU—560001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL.SPP) THIS CRIMINAL PETITION IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE SHIDLAGHATTA RURAL POLICE TO ENLARGE THE PETITIONER IN EVENT OF HIS ARREST ON ANTICIPATORY BAIL IN CR.NO.216/2025, FOR THE OFFENCES P/U/S 363, 302, 149 OF IPC, ON THE COMPLAINT OF ARIVELAN.K, PENDING BEFORE THE HONBLE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, AT SHIDLAGHATTA, CHIKKABALLAPUR DISTRICT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39992 CRL.P No. 12858 of 2025 THIS CRIMINAL 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 the petitioner –accused No.9 under Section 483 of BNSS seeking grant of anticipatory bail in Crime No.216/2025 of Shidlagatta Police Station registered for offences punishable under Sections 363, 302 and 149 of Indian Penal Code. 2. Heard learned counsel for the petitioner and learned Additional Special Public Prosecutor for the respondent -State. 3. Learned counsel for the petitioner would contend that earlier case was registered in Crime No.101/2019 of Tali Police Station, Tamilnadu under Section 174 of Cr.P.C read with Section 363, 302 and 149 of IPC. After six years the case has been transferred to Shidlagatta Police Station as offence is committed in their jurisdiction. Based on the said information, the case has been registered against six accused persons. The name of - 3 - HC-KAR NC: 2025:KHC:39992 CRL.P No. 12858 of 2025 the petitioner is not mentioned in the FIR. His name has been inserted on the basis of voluntary statements of accused Nos.5 to 7. He submits that as per said statements, the petitioner along with other accused conspired to kidnap and kill the deceased –Girish. Accused Nos.1 to 6 in furtherance of said conspiracy kidnapped and killed the deceased and as per plan of the petitioner -accused No.9, accused Nos.1 to 10 transferred the dead body of the deceased to Tamilnadu. He submits that there is no role of the petitioner –accused No.9 in committing murder of the deceased. In five criminal cases registered against the petitioner, the petitioner has been acquitted and one case for offence punishable under Section 307 of IPC is pending. With these, he prays to allow the petition and grant anticipatory bail to the petitioner –accused No.9. 4. Per contra learned Additional Special Public Prosecutor for the respondent –State would contend that the petitioner is rowdy sheeter and there are five criminal - 4 - HC-KAR NC: 2025:KHC:39992 CRL.P No. 12858 of 2025 cases registered against him. She submits that he is the master mind who planned to kidnap and commit the murder of deceased. The investigation is in-progress and role of the petitioner has to be established after filing of final report. If the petitioner is granted anticipatory bail, he will hamper investigation and tamper prosecution witnesses and he will commit similar offences. With these, she prays for dismissal of the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint, remand application and other materials placed on record. 6. After receipt of papers from Tali Police Station, Krishanagiri District, Tamilnadu, FIR has been registered against accused Nos.1 to 6. The investigating Officer has secured accused Nos.5 to 7 and recorded their voluntary statements. As per their voluntary statements, accused Nos.1 to 10 conspired to kill the deceased. Accordingly, accused Nos.1 to 6 kidnapped the deceased in Santro car and took him to Hosakote –Malur road, assaulted him with - 5 - HC-KAR NC: 2025:KHC:39992 CRL.P No. 12858 of 2025 clubs and killed him. Thereafter, accused Nos.1 to 10 shifted the dead body to Tamilnadu as per plan of this petitioner –accused No.9. Learned Additional Special Public Prosecutor submit that there are five criminal cases registered against the petitioner and he is rowdy sheet. The investigation is in progress, if the petitioner is granted anticipatory bail there are chances of hampering investigation and tampering prosecution witnesses as he is having criminal antecedents. As investigation is in- progress at this stage, the petitioner is not entitled for grant of anticipatory bail. 7. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 26