- 1 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12594 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. JAGADEESHA S/O CHIGATERAPPA AGED ABOUT 50 YEARS OCC: AGRICULTURIST 2. ESHWARAPPA S/O CHIGATERAPPA AGED ABOUT 52 YEARS OCC: AGRICULTURIST BOTH ARE RESIDENTS OF KONANURU VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT – 577 541. …PETITIONERS (BY SRI. CHETAN JADHAV, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BHARAMASAGAR P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. 2. CHANDRAPPA S/O LATE NANJAPPA AGED ABOUT 65 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 KONANURU VILLAGE, CHITRADURGA KARNATAKA-577 541. …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1 SRI.TEJU.N FOR SRI B.M.SIDDAPPA, FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL WHO ARE ACCUSED Nos.1 AND 3 IN CR.No.415/2024 WHICH IS NOW S.C.No.105/2025, PENDING ON THE FILE OF SPL. II ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 191(2),191(3),190,352,351(2),351(3),103(1),117(2),109(1),1 15(2),118(2),189(2),189(4),329(4) OF BNS, 2023. THIS 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 accused Nos.1 and 3 under Section 483 of BNSS, praying to grant bail in S.C.No.105/2025 (Crime No.415/2025 of Bharamasagara Police Station) registered for offences punishable under Sections 191(2), 191(3), 190, 352, 351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2), 189(2), 189(4), 329(4) of BNS. - 3 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 2. Heard learned Senior Counsel for petitioner and learned HCGP for respondent/State. 3. Learned Senior counsel for petitioners would contend that FIR has been registered on the complaint of father of the deceased and there are omnibus allegations and on the said basis case has been registered against 19 persons. Out of those 19 persons, 5 are left out in the charge sheet and charge sheet is filed against accused Nos.1 to 15 and one person has been added while filing the charge sheet. Even though CW.1 is stated to be eye witness, he has not stated the specific overt acts in his complaint but subsequently, he has stated the overt acts of the accused persons in his further statement which came to be recorded on 14.02.2025 after lapse of 2½ months. In the complaint, there is an allegation against one Kallesh of assault with a stone on the chest. But he has been given up in the charge sheet. Based on the further statement of the complainant, accused Nos.2, 6, 9, 13 have been granted bail. There is overt act alleged - 4 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 against accused No.2 of assault with a size stone on the head of the deceased and she has been granted bail and therefore, the petitioners are also entitled for grant of bail on the ground of parity. The Doctor who conducted PM examination has opined that death is as a result of head injury sustained. There are no criminal antecedents of the petitioners. The deceased was in the habit of abducting the girls and subsequently, cheating them and he has been convicted in a case wherein a girl who is stated to have been cheated by this deceased has committed suicide i.e. in S.C.No.41/2020. The deceased was aged 40 years as on the date of incident and CW.17 daughter of accused Nos.1 and 2 was aged 19 years. On these grounds, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that PM report indicates that deceased has sustained multiple injuries. CW.1 and CW.2, who are parents of the deceased, have also sustained grievous injuries. There is a joint recovery from the accused persons of the weapons - 5 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 used to assault the deceased. If the petitioners are granted bail, there is a threat to the prosecution witnesses. With this she prayed for rejection of the petition. 5. Learned counsel for respondent No.2 has adopted the arguments of learned HCGP. 6. Having heard the learned counsels, the Court has perused charge sheet and other materials placed on record. 7. The case of the prosecution is that deceased Manjunath has enticed CW.17, the daughter of accused Nos.1 and 2 and married her on 07.10.2024 and therefore, all the accused are angry with the same and intended to take revenge against the deceased and his parents. The accused persons on 27.11.2024 went to the house of the deceased, holding weapons. Accused Nos.5 and 11 holding wooden repiece entered the house of deceased Manjunath and assaulted deceased Manjunath and dragged him - 6 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 outside the house. Accused No.11 with wooden repiece and crowbar, accused No.2 with size stone, iron chain and chappal, accused No.5 with wooden repiece, accused No.7 with wooden repiece, accused No.3 with iron crowbar, accused No.1 with machete, size stone and crowbar, accused No.13 with wooden repiece, accused No.14 with hands and legs, accused Nos. 6, 8 with hands and legs, accused Nos.9 and 10 with cart peg, hands and legs, accused Nos. 4, 12 and 15 assaulted deceased with hands. All abused the deceased and CWs.1 and 2 and assaulted them on their body and head with an intention to kill them. Deceased - Manjunath has sustained severe injuries and he died on the way to hospital. CW1 and CW2 have sustained grievous injuries. The deceased was aged 40 years as on the date of the incident and CW.17 was the daughter of accused Nos.1 and 2 and was aged 19 years. The deceased enticed CW.17 and married her. Deceased - Manjunath was accused in S.C.No.41/2020 and he has been convicted for offence under Section 306 of IPC and - 7 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 sentenced to undergo imprisonment for 6 years and fine of Rs.10,000/- by judgment dated 23.01.2024. The charge against the deceased in the said case was that his wife Shilpa committed suicide by hanging and this deceased has abetted his wife to commit suicide. The marriage of deceased with the said Shilpa was love marriage. Considering the said aspect, learned Senior counsel for the petitioners submits that deceased was in the habit of enticing girls and marrying them and subsequently, torturing them. 8. Accused No.2 is mother of CW17 and wife of accused No.1 and she has been granted bail in Crl.P.No.503/2025 by order dated 12.02.2025. The accusation against accused No.2 is that she assaulted deceased with size stone on his head and caused injury. The accusation against the petitioners/accused No.1 and accused No.3 is that accused No.1 assaulted with machete, size stone and crowbar, accused No.3 assaulted with a crowbar. Petitioners/accused Nos.1 and 3 herein are - 8 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 similarly placed to that of accused No.2, who has been granted bail. On perusal of the charge sheet there are 79 witnesses cited as charge sheet witnesses. The petitioners are in judicial custody since 30.11.2024. Considering the number of witnesses, the trial will take considerable time. The petitioners have undertaken to appear before the trial Court on all dates of hearing and not to tamper with the prosecution witnesses. There are no criminal antecedents of the petitioners. Considering the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioners/accused Nos.1 and 3 are granted bail in S.C.No.105/2025 (Crime No.415/2024 of Brahmasagar Police Station) pending on the file of Special II Additional District and Sessions Judge, Chitradurga, subject to following conditions: (i) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- - 9 - HC-KAR NC: 2025:KHC:46034 CRL.P No. 12594 of 2025 (Rupees one lakh only) each, with one surety for the like-sum to the satisfaction of the trial Court. (ii) Petitioners shall not tamper the prosecution witnesses. (iii) Petitioners shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. (iv) Petitioners shall not commit any offence. If a case registered against the petitioner for committing any offence, the prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 9 Ct.sm