- 1 - HC-KAR NC: 2025:KHC:30111 CRL.P No. 10520 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10520 OF 2025 BETWEEN: SHANKARA S/O. MARADAIAH, AGED ABOUT 27 YEARS, RESIDING AT C.B. HUNDI VILLAGE, T. NARASIPURA TALUK, MYSURU DISTRICT, PIN CODE-571 124. …PETITIONER (BY SRI. R.K. MAHADEVA, ADVOCATE) AND: THE STATE OF KARNATAKA BY T. NARASIPURA POLICE STATION, MYSURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ACCUSED NO.3 ON BAIL IN C.C.NO.383/2025 (ARISING OUT OF CRIME NO.96/2025) OF T. NARASIPURA POLICE STATION FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTION 189(2), 191(2), 191(3), 126(2), 118(1), 324(4), 324(5), 352, 351(2), 351(3), 103(1), 326(f), 238, 190 OF BHARATIYA NYAYA SANHITA, PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT T. NARASIPURA. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30111 CRL.P No. 10520 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 Heard the learned counsel for petitioner, learned High Court Government Pleader for the respondent/State and perused the material on record. 2. Petitioner, arraigned as accused No.3 in Cr.No.96/2025 of T.Narasipura Police Station, Mysuru District, has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail. 3. Chargesheet is filed for offences punishable under Section 189(2), 191(2), 191(3), 126(2), 118(1), 324(4), 324(5), 352, 351(2), 351(3), 103(1), 326(f), 238 and 190 of BNS, 2023. 4. It is the case of prosecution that CW2-Madhu, deceased Ningaiah and Mariswamy are residents of Madapura Village, T.Narasipura Taluk. Accused Nos.1, 3, - 3 - HC-KAR NC: 2025:KHC:30111 CRL.P No. 10520 of 2025 4 and 5 are the residents of C.B.Hundi village, T.Narasipura Taluk. There was previous enmity between the two parties in respect of a quarrel which took place in the year 2022. Both the parties lodged complaints against each other. CW2-Madhu lodged a complaint against accused in Cr.No.383/2022 which is pending in CC No.153/2025 on the file of the Court of Senior Civil Judge and JMFC, T.Narasipura. On 24.3.2025, at about 8.30 p.m. when CW1, his father Ningaiah, mother, sister and others were sitting near their shop, at about 10.45 p.m., accused Nos.1, 2, 3, 6, 7 along with a child in conflict with law (for short ‘CCL’), forming unlawful assembly, picked up quarrel with CW2. Accused Nos.7, 8 and CCL abused him, snatched his mobile phone and threw it. Accused No.3 assaulted him with a beer bottle on his neck, accused No.2 removed a knife shouting that he should be killed, at that time, CWs.1, 3, 6 and 8 intervened and rescued CW2. At about 12.00 in the midnight when CWs.1 to 5, 7, 8 and CCL assembled near - 4 - HC-KAR NC: 2025:KHC:30111 CRL.P No. 10520 of 2025 the house of CW1-complainant and started abusing in filthy language and when the deceased Ningaiah and others came out of the house claiming that they should be finished, accused No.1, all of a sudden removed a knife, held the neck of Ningaiah, accused Nos.3 to 5 held him and accused No.2 stabbed him with a knife on the left side of his abdomen. Further, hearing the screaming when Mariswamy came out of the house along with CWs.10, 11 and 26, accused Nos.1, 3, 4, 5, 7, 8 and CCL stabbed him. When accused No.1 tried to stab him, he escaped, but sustained injuries to his right shoulder. Again, accused No.1, 3, 4, 5, 7, 8 and CCL surrounded deceased Mariswamy, held him and accused No.1 stabbed him on the left side of his abdomen. Thereafter, accused threatened the complainant and others with dire consequences if they lodge complaint against them and set fire to the hay stack belonging to CW2 and caused loss to the tune of Rs.40,000/- and went away. Both the victims succumbed to the injuries sustained by them. - 5 - HC-KAR NC: 2025:KHC:30111 CRL.P No. 10520 of 2025 5. Chargesheet is filed against accused Nos.1 to 5, 7 and 8. Accused No.6 named in the FIR is a CCL. 6. Learned counsel for petitioner submitted that allegations against accused Nos.4, 5, 7 and 8 are one and the same and the said accused have been enlarged on bail by the learned Sessions Judge. Therefore, the petitioner is also entitled for bail on the ground of parity. He has made available copy of the order passed by the learned Sessions Judge in Crl.Misc.No.548/2025 and Crl.Misc.No.613/2025, granting bail to accused Nos.4, 5, 7 and 8. 7. Learned High Court Government Pleader has contended that the offence committed by the accused are heinous in nature. They have committed double murder and there are eye witnesses including the injured eye witness-CW2. Hence, there is a prima facie case against the petitioner. He contended that if the petitioner is enlarged on bail, he may threaten the prosecution witnesses and thereby hamper the case of prosecution. - 6 - HC-KAR NC: 2025:KHC:30111 CRL.P No. 10520 of 2025 8. A perusal of the chargesheet material goes to show that specific overt acts of stabbing the two deceased are attributed against accused Nos.1 and 2. The material on record does not show that petitioner/accused No.3 was armed with any dangerous weapon at the time of incident. Allegations against him are that in the incident which took place at about 11.00 p.m., he assaulted CW2 with a beer bottle on his leg. Insofar as the incident which took place at 12.00 in the midnight, wherein Ningaiah and Mariswamy were stabbed, it is not alleged that the petitioner was armed with any weapon. It is alleged he along with accused Nos.4, 5, 7 and 8 surrounded and held the deceased. The said allegation has to be established in a full-fledged trial. Accused Nos.4, 5, 7 and 8 are on bail. Petitioner is therefore entitled for bail on the ground of parity. He is in judicial custody from 1.4.2025. Investigation is completed and charge sheet is filed. 9. For the above reasons, the following: - 7 - HC-KAR NC: 2025:KHC:30111 CRL.P No. 10520 of 2025 ORDER I. Petition is allowed. II. Petitioner/accused No.3 in Crime No.96/2025 of T.Narasipura Police Station, pending in C.C.No.383/2025 on the file of the Court of Principal Civil Jude (Sr.Dn) & CJM, T.Narasipura, Mysuru District, shall be enlarged on bail, subject to following conditions: 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 and sureties shall produce their passport size photographs with the address proof to the satisfaction of the jurisdictional Magistrate. - 8 - HC-KAR NC: 2025:KHC:30111 CRL.P No. 10520 of 2025 4. He shall not indulge in criminal activities. 5. He shall appear before the Court on all effective hearing dates without fail. 6. If petitioner violates any of the above conditions, his bail bonds shall stand cancelled. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 65