- 1 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14856 OF 2025 (439(Cr.PC) / 483(BNSS)-) C/W CRIMINAL PETITION No. 15817 OF 2025 IN CRL.P No. 14856/2025 BETWEEN: 1. SRI RAJU. T S/O THIMMEGOWDA AGED ABOUT 51 YEARS R/A HONGANIDODDI VILLAGE UYYAMBALLI HOBLI KANAKPURA TALUK BANGALORE SOUTH DISTRICT-562 117. …PETITIONER (BY SRI P P HEGDE, SENIOR COUNSEL FOR SRI YATHIN B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE SUB INSPECTOR OF POLICE SATHANOOR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 (BY SRI B.A.BELLIAPPA, SPP-1 A/W SRI THEJESH P, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED No.6 IN CONNECTION WITH CRIME No.103/2025 OF SATHNOOR POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103, 109, 54 R/W SECTION 3(5) OF BNS 2023. IN CRL.P No. 15817/2025 BETWEEN: 1. SRI MUNISIDEGOWDA S/O SIDDEGOWDA AGE ABOUT 39 YEARS R/A HONGANIDODDI VILLAGE UYYAMBALLI HOBLI, KANAKPURA TALUK BANGALORE SOUTH DISTRICT – 562 117. 2. SRI RAVI S/O DODDAIDEGOWDA AGE ABOUT 48 YEARS R/A HONGANIDODDI VILLAGE UYYAMBALLI HOBLI, KANKAPURA TALUK BANGALORE SOUTH DISTRICT- 562 117. ...PETITIONERS (BY SRI P P HEGDE, SENIOR COUNSEL FOR SRI YATHIN B, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE SUB INSPECTOR OF POLICE SATHANOOR POLICE STATION REPRESENTED BY THE STATAE PUBLIC PROSECUTOR - 3 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 HIGH COURT OF KARNATAKA BENGALURU – 560 001. ...RESPONDENT (BY SRI P P HEGDE, SENIOR COUNSEL FOR SRI YATHIN B, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONERS / ACCUSED No.7 AND 8 IN CONNECTION WITH CR.No.103/2025 OF SATHNOOR P.S FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103, 109, 54 READ WITH 3(5) OF BNS 2023. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P.No.14856/2025 is filed by accused No.6. Crl.P.No.15817/2025 is filed by accused Nos.7 and 8. Both petitions are filed under Section 483 of BNSS praying to grant bail in Crime No.103/2025 of Sathanoor Police Station registered for offences under Sections 103, 109, 54 read with Section 3(5) of BNS. 2. Heard learned Senior Counsel for petitioners and learned State Public Prosecutor for respondent -State. - 4 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 3. Learned Senior Counsel for petitioners would contend that there are no serious overtacts are alleged against petitioners. The serious overtact of assault to the deceased is alleged against the accused Nos.1 to 5. The allegation against petitioners is conspiring to kill the deceased. The deceased is stated to have taken part to evict petitioners. There was protest against the deceased by the villagers on 21.07.2025 and two FIR are registered on that day. Petitioners have not taken part in assaulting the deceased. Except conspiracy, there is no other allegation against the petitioners. The said conspiracy requires to be proved at trial. The phones, CCTV footage, photos have been seized. Therefore, there is no question of tampering with the prosecution materials. Several villagers gathered to protest against the deceased, which may include petitioners. Therefore, petitioners alone cannot be held responsible for the death of the deceased. There are no any materials against the petitioners to establish the conspiracy. As the charge sheet is filed, - 5 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 petitioners are not required for any further custodial interrogation. There are no criminal antecedents of the petitioners. With this he prayed to allow the petitions. 4. Per contra learned State Public Prosecutor for the respondent -State would contend that the deceased was Panchayath member and he was taking lead in getting demolished un-authorised constructions and issuance of Hakku Patra for eligible persons. There were cases and counter cases in respect of incident taken place on 21.07.2025. On that day, i.e., 21.07.2025 accused No.6 was not present in the village and on next day he came to the village. Thereafter, there were continuous phone calls between accused Nos.1, 6 to 10, that itself established the conspiracy between them to kill the deceased. With respect to establishing the call made between accused Nos.1, 6 to 10, call data records were collected by the Investigating Officer and they were sent for examination. After the incident, all mobile phones of the accused persons were switched off. Accused Nos.1, 6 to 10 have - 6 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 motive to do away with the life of the deceased. The conspiracy is depending on the circumstantial evidence and it is collected by the Investigating Officer. Petitioners are un-authorised occupants of the land and they have constructed building over there. Further investigation is pending. If the petitioners are granted bail, there is threat to the prosecution witnesses as they visit the village. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that the deceased who was Panchayath member was taking part in getting un-authorised constructions demolished and getting issue Hakku Patra to eligible persons. The said un- authorised occupants are accused Nos.6 to 10. In the protest on 21.07.2021, two cases were registered in Crime Nos.100/2025 and 101/2025 and it is case and counter case. It is alleged that, with regard to the said incident - 7 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 dated 21.07.2025, the accused Nos.1 and 6 to 10 conspired together to do away with the life of the deceased. Accused no. 6 to 10 have agreed to contribute Rs.2,00,000/- each for the said aspect and they are ready to sell their land for facing the prosecution. In furtherance of the said conspiracy, the accused Nos.1 to 5 went to R.K Dhaba and assaulted the deceased with deadly weapons and caused his death. The petitioners who are accused Nos. 6 to 8 were not present on the spot at the time of the incident. The specific accusation against the petitioners is that they conspired with the other accused to kill the deceased. There were phone calls among the accused Nos.1, 6 to 10 between 21.07.2025 to date of incident i.e., 26.07.2025. In order to establish conspiracy, it requires trial. The investigation is already completed and charge sheet has been filed and therefore, the petitioners are not required for custodial interrogation. The apprehension of the prosecution is that if the petitioners are granted bail there are chances of threatening the prosecution witnesses - 8 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 and the same can be met with by imposing stringent conditions. There are no criminal antecedents of the petitioners. Considering the above aspects, the petitioners have made out case for grant of bail with conditions. 7. In the result, the following: ORDER i) Both petitions are allowed. ii) The petitioners -accused Nos.6 to 8 are granted bail in Crime No.103/2025 of Sathanoor Police Station registered for offences under Sections 103, 109, 54 read with Section 3(5) of BNS subject to following conditions: a) The petitioners -accused Nos.6 to 8 shall execute a bond for sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court. b) The petitioners -accused Nos.6 to 8 shall not tamper the prosecution witnesses either directly or indirectly. - 9 - HC-KAR NC: 2025:KHC:53566 CRL.P No. 14856 of 2025 C/W CRL.P No. 15817 of 2025 c) The petitioners -accused Nos.6 to 8 shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. d) The petitioners -accused Nos.6 to 8 shall not enter Sathanoor village till material witnesses are examined. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 11 Ct.sm