Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 71008 (KAR)

SRI MURTHY N S v. STATE OF KARNATAKA

CRL.P/11033/2025 · 2025-08-19

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32161 CRL.P No. 11033 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11033 OF 2025 BETWEEN: SRI. MURTHY N.S. S/O SHRIKESH, AGED ABOUT 18 YEARS, R/AT KUMBARA BEEDI, NAGAMANGALA TOWN, NAGAMANGALA TALUK, MANDYA DISTRICT, MANDYA-571 432. …PETITIONER (BY SRI. MANJUNATH S., ADVOCATE) AND: STATE OF KARNATAKA BY KUNIGAL POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.225/2025 REGISTERED BY KUNIGAL POLICE STATION, TUMAKURU FOR THE OFFENCES ALLEGED AGAINST THE PETITIONER UNDER SECTION 103, 238, 310(3), 249, 140(1), 308(2) & 61 OF BHARATIYA NYAYA SANHITA, 2023, PENDING BEFORE THE SENIOR CIVIL JUDGE AT KUNIGAL. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32161 CRL.P No. 11033 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by accused No.8 to enlarge him on bail in Cr.No.225/2025 of Kunigal Police Station, Tumakuru, registered for the offence punishable under Sections 103, 238 of BNS, 2023. 2. Heard both sides and perused the material on record. 3. A UDR No.20/2025 came to be registered on 11.5.2025, on the information of one Savitha T.D., regarding unnatural death of her brother Nagesh D. From the CCTV footages, it was seen that son of the deceased namely Surya along with another accused committing the murder of Nagesh D. Hence, FIR was registered against accused No.1-Surya and his friend. In the course of - 3 - HC-KAR NC: 2025:KHC:32161 CRL.P No. 11033 of 2025 investigation, other accused were also arrested. Petitioner was arrested on 14.5.2025. 4. Chargesheet is filed against 12 accused for offences punishable under Section 61(2)(a), 238(b) 109(1), 308(5), 137(1a), 103 r/w 3(5) of BNS, 2023. 5. As per chargesheet allegations, accused No.1 paid supari to other accused persons to commit the murder of his father-Nagesh D. It is alleged a sum of Rs.70,000/- was paid to the petitioner, however, the accused could not execute the plan. 6. It is the specific case of prosecution that accused No.1-Surya and accused No.2-Dhanush committed the murder of Nagesh D. by strangulating him with a towel in one Apollo Ice Cream Factory, Shivaji Tent Road, Kunigal and thereafter, gave electric shock to his right fingers, to project as if he died due to electrocution, so as to cause disappearance of evidence. - 4 - HC-KAR NC: 2025:KHC:32161 CRL.P No. 11033 of 2025 7. There is no allegation against the petitioner that he has participated in committing the murder. Further, there are no material at this stage to show that he conspired along with other accused to execute the plan. He has no criminal antecedents. Investigation is completed and chargesheet is filed. Similarly placed accused Nos.3 and 7 are granted bail in Crl.P.No.8405/2025 C/w Crl.P.No.8448/2025 vide order dated 7.7.2025 and accused No.4 is granted bail in Crl.P.No.9758/2025 vide order dated 18.7.2025. 8. In the above facts and circumstances, petitioner can be admitted to bail by imposing conditions. Accordingly, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.8 in Crime No.225/2025 of Kunigal Police Station, Tumakuru, pending on the file of the Court of Senior Civil Judge & JMFC, Kunigal, shall be enlarged on bail, subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:32161 CRL.P No. 11033 of 2025 1. He shall execute a personal 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. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL / List No.: 1 Sl No.: 41