- 1 - HC-KAR NC: 2025:KHC:37664 CRL.P No. 11942 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11942 OF 2025 BETWEEN: 1. KRISHNAPPA @ JAKI S/O RUDRAPPA AGED ABOUT 39 YEARS AUTO DRIVER R/O HUNUVINADU VILLAGE HOSADURGA TQ, CHITRADURGA DIST., PIN 577 527. 2. THIPPESWAMY S/O RUDRAPPA AGED ABOUT 39 YEARS AGRICULTURIST R/O HUNUVINADU VILLAGE HOSADURGA TQ, CHITRADURGA DIST., PIN 577 527. 3. SANJAY S/O MURTHY AGED ABOUT 20 YEARS COOLIE R/O KALLESHWARA EXTENTION HOSADURGA TOWN, CHITRADURGA DIST., PIN 577 527 …PETITIONERS (BY SRI. NAVEEN H.M., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37664 CRL.P No. 11942 of 2025 AND: 1. STATE OF KARNATAKA BY HOSADURGA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001 …RESPONDENT (BY SRI. R. RANAGASWAMY, HCGP) THIS CRIMINAL PETITION FILED UNDER SECTION 439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE THEM ON BAIL IN CRIME NO.292/2025 OF RESPONDENT HOSADURGA POLICE REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 54 R/W SECTION 3(5) OF BNS ACT, WHICH IS PENDING BEFORE HON’BLE PRINCIPAL CIVIL JUDGE (JR. DN.) AND JMFC AT HOSADURGA. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. This petition is preferred under Section 483 of BNSS, 2023 to enlarge the petitioners on bail in Crime No.292/2025 of Hosadurga Police Station, registered for the offence punishable under Section 103(1), 238, 54 read with Section 3(5) of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:37664 CRL.P No. 11942 of 2025 2. First informant by name Sujatha has alleged in her complaint that her son Rajendra (deceased) married one Kirana, which was not liked by her brother Sagu @ Sagar (accused No.1) and therefore, he was nurturing ill- will against her son. It is alleged that the said Sagu @ Sagar and others have committed the murder of her son Rajendra on 24.06.2025 at about 10.50 a.m., assaulting him with choppers. 3. The first informant is not an eye witness to the incident. FIR is registered against Sagu @ Sagar, Krishnamurthy and two other unknown persons. It is alleged at the instigation of Krishnamurthy, maternal uncle of Kirana, murder was committed. 4. The statements of the eye witnesses by name Gowramma and Vishwanatha are recorded under Section 183 of BNSS, 2023. Their statements reveal that, murder was committed by three persons i.e., accused Nos.1 to 3. Petitioners are arraigned as accused Nos.4, 5 and 7 respectively in the remand application. The allegations - 4 - HC-KAR NC: 2025:KHC:37664 CRL.P No. 11942 of 2025 against petitioner No.1/accused No.4 is that murder was committed at his instigation. However, the complaint averments do not reveal that he was present at the spot when the incident took place. Allegations against accused Nos.5 and 7 are that they helped accused No.1 and others to escape from the spot in a car bearing registration No.KA-16-Z-0245. The said allegations have to be established in due course. It is not alleged that they have committed the murder. Similarly, placed accused Nos.8 and 9 are enlarged on bail. Accused No.8 is granted bail in Crl.P.No.11622/2025 vide order dated 15.09.2025 and accused No.9 is granted bail in Crl.P.No.11147/2025 vide order dated 28.08.2025. 5. Learned High Court Government Pleader contended that if the petitioners are granted bail, they may tamper with the evidence and try to intimidate the prosecution witnesses. - 5 - HC-KAR NC: 2025:KHC:37664 CRL.P No. 11942 of 2025 6. Apprehension of the prosecution can be taken care of by imposing suitable conditions. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioners/accused Nos.4, 5 and 7 in Crime No.292/2025 of Hosadurga Police Station, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not leave the jurisdiction of the trial Court without prior - 6 - HC-KAR NC: 2025:KHC:37664 CRL.P No. 11942 of 2025 permission of the learned Sessions Judge. 4. They shall not tamper with the prosecution witnesses either directly or indirectly. 5. They shall not indulge themselves in committing any offence. 6. They shall appear before the trial Court on all the dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE RHS List No.: 1 Sl No.: 42