Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33892 CRL.P No. 11668 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11668 OF 2025
BETWEEN:
MR. DARSHAN K.M. S/O MAHESHA, AGED ABOUT 21 YEARS, KADAGERE KOPPA VILLAGE, BINDIGANAVILE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 802. …PETITIONER (BY SRI. HONNESHA B.R., ADVOCATE)
AND:
STATE BY KUNIGAL POLICE STATION, REP BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL, WHO IS THE ACCUSED NO.11, IN CRIME NO.225/2025 REGISTERED BY THE RESPONDENT KUNIGAL POLICE STATION, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT KUNIGAL, FOR THE OFFENCE PUNISHABLE UNDER SECTION 103, 238, 310(3), 249, 140(1), 308(2), 61 OF BNS ACT, 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:33892 CRL.P No. 11668 of 2025
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for petitioner, the learned High Court Government Pleader for State and perused the material on record.
2. Petitioner is seeking bail in Cr.No.225/2025 of Kunigal Police Station, Tumakuru, registered for the offence punishable under Section 103 and 238 of BNS, 2023.
3. FIR is registered against accused No.1-Surya S/o Nagesh D. and his friend. Chargesheet is filed against 12 accused for the offence punishable under Section 61(2)(a), 109(1), 137(1a), 238(b), 308(5) r/w 3(5) of BNS, 2023.
4. It is the case of prosecution that, accused No.1 and his sister laxmi planned to commit murder of their father, Nagesh D. Accused No.1 engaged accused Nos.9 to 12 to execute the plan, assuring payment of supari to them. Since, he could not pay the entire amount, as assured, accused Nos.9 to 12 were threatening him saying that they will reveal his plan to his father. Therefore, on 10.5.2025, accused No.1
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HC-KAR NC: 2025:KHC:33892 CRL.P No. 11668 of 2025
along with his friend i.e., accused No.2 committed the murder of his father by strangulating him with a towel.
5. Initially, a UDR came to be registered, on the information of sister of the deceased Savitha T.D., regarding unnatural death of her brother. Police collected CCTV footages, wherein the role of accused Nos.1 and 2 came to light.
6. Even according to prosecution, murder was committed by accused Nos.1 and 2. Petitioner is arraigned as accused No.11 in the chargesheet. The allegations against him are that he along with other accused received supari to commit the murder of Nagesh D. Admittedly, it is not the case of prosecution that he has committed the murder. Further, there are no material at this stage to show that he conspired with other accused to execute the plan or received supari from accused No.1. Similarly placed accused Nos.9 to 12 are enlarged on bail. Petitioner has no criminal antecedents. Hence, the following:
ORDER I. Petition is allowed.
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HC-KAR NC: 2025:KHC:33892 CRL.P No. 11668 of 2025
II. Petitioner/accused No.11 in Crime No.225/2025 of Kunigal Police Station, Tumakuru, 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 his residential address and shall inform the Court, if there is change in the address.
3. He shall not directly or indirectly tamper with the prosecution witnesses.
4. He shall not indulge himself in committing any offence.
5. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail.
Sd/- (MOHAMMAD NAWAZ) JUDGE
TL/List No.: 1 Sl No.: 39