- 1 - HC-KAR NC: 2025:KHC:27975 CRL.P No. 8379 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8379 OF 2025 BETWEEN: MUNISWAMY S/O LATE CHANNAPPA, AGED ABOUT 70 YEARS, R/AT MATAMURU VILLAGE, KAALIMGURU POST, SOOLAGIRI TALUK, SELAM DISTRICT, TAMIL NADU - 562 129. …PETITIONER (BY SRI A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY KODIHALLI POLICE, KANKAPURA TALUK, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CRIME NO.108/2021 OF KODIHALLLI POLICE STATION, FOR OFFENCES P/U/S 120(B), 143, 147, 148, 114, 302 R/W 149 IPC, NOW PENDING ON THE FILE OF THE LEARNED FIRST ADDL. CIVIL JUDGE AND JMFC., KANAKAPURA. THE II ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, SIT AT KANAKAPURA HAS REJECTED THE BAIL PETITION ON 22.04.2025 IN CRL.MISC.NO.5118/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by GURURAJ D Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27975 CRL.P No. 8379 of 2025 ORAL ORDER The accused No.7 in Crime No.108/2021 registered by Kodihalli Police Station, Ramanagara, for the offences punishable under Sections 120B, 143, 147, 148, 114, 302 R/w 149 of IPC is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.108/2021 was registered by Kodihalli Police Station, Ramanagara, initially for the offences punishable under Sections 120B, 114, 302 and 34 of IPC against Madesha and others, based on the first information dated 28.08.2021 received from Byrappa S/o late Obegowda - brother of deceased Shankar. 4. After completing the investigation, charge-sheet has been filed against 17 persons and petitioner is arrayed as accused No.7 in the charge sheet. Since the petitioner and some of the other accused persons were absconding, split-up case was registered against them in C.C.No.1663/2023 and the case as against other accused persons was committed to the jurisdictional Sessions Court and numbered as - 3 - HC-KAR NC: 2025:KHC:27975 CRL.P No. 8379 of 2025 S.C.No.5001/2024. In C.C.No.1663/2023 some of the accused were arrested and case as against them was committed to the jurisdictional Sessions Court and numbered as S.C.No.5005/2025. So far as the petitioner and accused No.17 is concerned, the case was split-up and was numbered as C.C.No.1693/2024. In the said case, petitioner was arrested on 06.03.2025 and remanded to judicial custody. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5118/2025 was rejected on 22.04.2025 and therefore he is before this Court. 5. FIR was initially filed in the present case against 9 persons and the petitioner was arrayed as accused No.7. During the course of investigation of the case, some of the accused were arrested and after completing investigation, charge-sheet has been filed against 17 persons and petitioner is arrayed as accused No.7 in the charge-sheet. The case as against the accused Nos.1 to 5, 9 to 12 and 14 to 16 was committed to the jurisdictional Sessions Court and they were tried in S.C.No.5001/2024 and in the said case, the aforesaid accused were convicted for the offences punishable under Sections 120B, 143, 147, 148, 114, 302 R/w 149 of IPC by the - 4 - HC-KAR NC: 2025:KHC:27975 CRL.P No. 8379 of 2025 jurisdictional Sessions Court vide judgment and order of conviction and sentence dated 09.04.2025. In so far as the petitioner is concerned, the split-up case was registered against him by the Committal Court and in the said case he was arrested on 06.03.2025 and remanded to judicial custody. 6. Perusal of the charge-sheet would go to show that there is a long standing rivalry between the two groups due to the land dispute and it appears that prior to the incident in question also, the parties had fought against each other and criminal cases for the offence punishable under Section 302 of IPC was registered against members of the rival groups. It appears that one Channakrishna was murdered and FIR in Crime No.64/2021 was registered by Thani Police Station, Tamil Nadu State, against deceased Shankar and others and in the said case, Shankar, CW-1, CW-11 and other accused were arrested and remanded to judicial custody. 7. It is under these circumstances, accused Nos.1, 6 to 9 and 17 had conspired with accused Nos.2 to 5, 10 and 11 to commit the murder of Shankar, CW-1, CW-11 and in furtherance of said conspiracy they had also contacted accused - 5 - HC-KAR NC: 2025:KHC:27975 CRL.P No. 8379 of 2025 Nos.12 to 16. Accused No.1 allegedly had agreed to pay money to the accused and also meet the other expenses. In furtherance of said conspiracy accused Nos.2 to 5 and 10 allegedly assaulted Shankar with deadly weapons and had committed his murder. Accused No.11 who was present near the spot of crime when accused Nos.2 to 5 and 10 were assaulting Shankar with deadly weapons, allegedly kept a watch. 8. Allegation against the petitioner who is arrayed as accused No.7 in the charge-sheet is similar to allegation found in the charge-sheet as against the accused Nos.6, 8, 9 and 17. Accused Nos.6 and 8 who were absconding are now before the jurisdictional Sessions Court in S.C.No.5005/2025. As against the petitioner and accused No.17, split-up case was registered before the Committal Court in C.C.No.1693/2024 and in the said case petitioner was arrested on 06.03.2025. Accused No.9 was convicted and sentenced by the trial Court along with other accused in S.C.No.5001/2024 vide judgment and order of conviction and sentence dated 09.04.2025. As against the judgment and order of conviction and sentence, accused No.9 has filed Criminal Appeal No.1280/2025 and in the said case - 6 - HC-KAR NC: 2025:KHC:27975 CRL.P No. 8379 of 2025 considering the grounds urged by accused No.9, the Division Bench of this Court was pleased to suspend the order of sentence and enlarged him on bail by order dated 10.07.2025. 9. Petitioner is aged about 70 years and he is in custody in the present case from 06.03.2025 onwards and undisputedly, he has no other criminal antecedents. Allegation as against the petitioner and accused No.9 who has been convicted in S.C.No.5001/2024 are similar. As against accused No.9, order of sentence in S.C.No.5001/2024 has been suspended and he has been directed to be enlarged on bail by the Division Bench of this Court. 10. The petitioner has undertaken to co-operate before the trial Court for the purpose of speedy disposal of the case. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following : ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.108/2021 registered by Kodihalli Police Station, Ramanagara, for the offences punishable under - 7 - HC-KAR NC: 2025:KHC:27975 CRL.P No. 8379 of 2025 Sections 120B, 143, 147, 148, 114, 302 R/w 149 of IPC, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties (of which, atleast one shall be local surety) for the likesum, to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future; e. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE GRD List No.: 1 Sl No.: 35