Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:33421 CRL.P No. 11147 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11147 OF 2025
BETWEEN:
YASHAWANTH S/O. RANGAPPA D, AGED ABOUT 25 YEARS, OCC MBA STUDENT, R/O DURGAMMA TEMPLE ROAD, HOSADURGA TOWN, CHITRADURGA DISTRICT. …PETITIONER
(BY SRI. N PRAVEEN KUMAR., ADVOCATE)
AND:
THE STATE OF KARNATAKA BY HOSADURGA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT
(BY SRI.RANGASWAMY.R., 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 TO RELEASE THE PETITIONER HIM ON BAIL IN CRIME NO.292/2025 IN HOSADURGA P.S FOR THE OFFENCE PUNISHABLE U/SEC. 103(1), 238, 54 R/W 3(5) OF BNS, 2023
Digitally signed by LAKSHMI T Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:33421 CRL.P No. 11147 of 2025
PENDING BEFORE THE PRL. CIVIL JUDGE (JR. DN) AND JMFC, HOSADURGA, CHITRADURGA DISTRICT, BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard learned counsel for the petitioner and learned HCGP for the respondent/State and perused the material on record. 2. On a complaint lodged by one Sujatha a case in Crime No.292/2025 was registered at Chitradurga Police Station against two named and two unknown persons, for the offence punishable under Section 103(1), 238, 54 r/w 3(5) BNS of 2023. 3. It is alleged in the complaint that the first informant's youngest son by name Sri.K.S. Rajendra was murdered on 24.06.2025 by Sagu @ Sagar and others, who came along with him, by assaulting with choppers on his face, head, chest, abdomen and limbs. - 3 -
HC-KAR NC: 2025:KHC:33421 CRL.P No. 11147 of 2025
4. As per complaint averments, deceased Rajendra had married one Kiran and therefore, brother of Kirana, i.e., accused Sagu @ Sagar was nurturing ill will against him. In this back ground, he along with other accused persons came near his house and telling that they have warned him not to trouble Kiran, assaulted him with choppers and went away in the motor cycles. 5. At the time of incident one Gowramma-a neighbour and complainant's grand son Vishwanath were present at the spot. They are the eye witnesses to the incident. The FIR is registered against Sagu @ Sagar, Krishna Murthy and two others. In the remand application dated 25.06.2025, nine accused are named. The petitioner is arraigned as accused No.9. It is alleged that at the instigation of Krishna Murthy, S/o. Rudrappa, viz., the maternal uncle of Kiran, murder was committed. 6. Even according to the prosecution, accused No.1 along with two others committed the murder. Allegation against one Krishna Murthy is that the offence was
- 4 -
HC-KAR NC: 2025:KHC:33421 CRL.P No. 11147 of 2025
committed at his instance. Petitioner, has not been named in the FIR. In the remand application, he is named as A9. Even according to prosecution, he has not participated in the commission of murder. On the other hand, it is alleged that after the incident, accused Nos.1 to 3 were helped by accused Nos.6 to 9 to escape in a Car bearing Registration No.KA 16/Z-0245. 7. Learned HCGP submits that the said Car has been recovered from accused Nos.6, 8 and 9. 8. The statement of both the eye witnesses viz., Gowramma and Vishwanath P.R. are recorded under Section 183 of BNSS.
Their statements reveal that, murder was committed by three persons. The allegations that petitioner has helped the main accused from escaping in a Car is a matter, which has to be established in trial. Petitioner was arrested on 25.06.2025. He has been interrogated and not required for further interrogation. He has no criminal antecendents. Hence the following:-
- 5 -
HC-KAR NC: 2025:KHC:33421 CRL.P No. 11147 of 2025
ORDER Petition is allowed. Petitioner/accused No.9 in Crime No.292/2025 of Hosadurga Police Station, 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 shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge.
4. He shall not tamper with the prosecution witnesses either directly or indirectly.
- 6 -
HC-KAR NC: 2025:KHC:33421 CRL.P No. 11147 of 2025
5. He shall appear before the trial Court on all dates of hearing without fail. Violation of conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE
NG List No.: 1 Sl No.: 32