- 1 - HC-KAR NC: 2025:KHC:49746 CRL.P No. 13377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13377 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. YASHWANTHA S @ YASHU S/O SHIVAKUKMAR AE ABOUT 24 YEARS R/A THALKAD PIL K R SAGARA VILLAGE BELAGOLA HOBLI SRIRANGAPATANA TALUK MANDYA - 571607. 2. NAGESHA @ MULLU S/O SURESHA AGE ABOUT 24 YEARS R/AT RAYKOTE PIL K R SAGARA VILLAGE BELAGOLA HOBLI SRIRANGAPATNA TALUK MANDYA - 571607. …PETITIONERS (BY SRI. HEMANTH KUMAR K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY K KR SAGARA POLICE STATION MANDYA, REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49746 CRL.P No. 13377 of 2025 THIS CRL.P IS FILED UNDER SECTION439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO ARE ACCUSED NO.3 AND 4 IN S.C.NO.5028/2025 (CRIME NO.197/2024) FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1) R/W SEC.3(5) OF BNS 2023 NOW WHICH IS PENDING ON THE FILE OF THE HONBLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANDYA (SITTING AT SRIRANGAPATNA). 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.3 and 4 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.5028/2025 (Crime No.197/2024 of K.R. Sagar Police Station) registered for the offences punishable under Section 61(2), 103(1) read with Section 3(5) of BNS, 2023 pending on the file of the learned III Additional District and Sessions Judge, Mandya (sitting at Srirantgapatna). 2. Heard the learned counsel for petitioners and the learned Additional State Public Prosecutor for the respondent/State. - 3 - HC-KAR NC: 2025:KHC:49746 CRL.P No. 13377 of 2025 3. The learned counsel for petitioners would contend that, the petitioners are in judicial custody since 13.12.2024. The material witnesses namely complainant (CW1) and eyewitnesses/CW2 to CW6 are examined, and they have not supported the case of prosecution. In the charge sheet, forty seven witnesses are cited and examination of all of them will take considerable time. With this, he prayed to allow the petition. 4. Per contra, the Additional State Public Prosecutor for the respondent/State would contend that, CW2 to CW6 are eyewitnesses to the incident. The post mortem report indicates that, the cause of death is due to multiple sharp injuries sustained. There is specific overt act alleged against these petitioners assaulting the deceased with weapon. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:49746 CRL.P No. 13377 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution as per charge sheet is that, the deceased/Chetan, husband of CW1 had illicit relation with CW7, and with regard to it, he has uploaded nude photos of himself, and CW7 in his WhatsApp status. The accused No.1, who is the lover of CW7 enraged by that, conspired with accused Nos.2 to 4 to kill the deceased/Chetan. On 12.12.2024 at about 04.40 p.m. in furtherance of the said conspiracy, accused Nos.1 to 4 were wearing mask, holding deadly weapons, assaulted the deceased, on his body and caused his death. CWs.2 to 6 are shown as eye witnesses in the charge sheet. They are already examined and they have not supported the case of prosecution. As the material witnesses are examined, there are no chances of petitioner tampering the material witnesses. The petitioners have undertaken to - 5 - HC-KAR NC: 2025:KHC:49746 CRL.P No. 13377 of 2025 appear before the Trial Court and cooperate for speedy disposal of the case. 7. Considering the above aspects, the petitioners have made out a case for grant with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioners are granted bail in SC No.5028 2025. (Crime No.197/2024 of K.R. Sagar Police Station) registered for the offences punishable under Section 61(2), 103(1) read with Section 3(5) of BNS, 2023 pending on the file of the learned III Additional District and Sessions Judge, Mandya (sitting at Srirantgapatna) subject to following conditions: a) The petitioners shall execute a personal bond for a sum of RS.1,00,000/- each with one surety for the like sum to the satisfaction of the trial Court. - 6 - HC-KAR NC: 2025:KHC:49746 CRL.P No. 13377 of 2025 b) The petitioners shall attend the Trial Court on all dates hearing, unless exempted and cooperate for speedy disposal of the case. c) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 41