- 1 - HC-KAR NC: 2025:KHC:45570 CRL.P No. 14408 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14408 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: MADANKUMAR S/O LATE SUNDARASHEKHARAN, AGED ABOUT 33 YEARS, R/AT. KURUMBAR STREET, NALLAMBALLI TALUK, DHARMAPURI DISTRICT, TAMILNADU STATE - 628 207. …PETITIONER (BY SRI. NAGENDRA B., ADVOCATE) AND: STATE OF KARNATAKA BY CHANNAPATNA RURAL POLICE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO RELEASE HIM ON BAIL WHO IS ACCUSED NO.3 IN CRIME NO.320/2023 (S.C.NO.34/2024) IN CHANNAPATNA POLICE STATION ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT RAMANAGARA, FOR THE OFFENCE PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45570 CRL.P No. 14408 of 2025 SECTIONS 120(B), 302, 201, 404 READ WITH SECTION 34 OF IPC IN RESPECT OF THE PETITIONER. 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 No.3 under Section 439 of Code of Criminal Procedure praying to grant bail in S.C.No.34/2024 (arising out of Crime No.320/2023 of Channapatna Rural Police Station) registered for offences punishable under Sections 120(B), 302, 201, 404 read with Section 34 of Indian Penal Code, pending on the file of Principal District and Sessions Judge, Ramanagara. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, there are no eye witnesses to the incident and case - 3 - HC-KAR NC: 2025:KHC:45570 CRL.P No. 14408 of 2025 of the prosecution is based on circumstantial evidence. There is no recovery from this petitioner. The motive is against accused No.1 as the deceased was insisting accused No.4 - wife of accused No.1 to have illicit relation with him. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, there is a conspiracy and common object between the accused persons to kill the deceased. In furtherance of the said conspiracy, on 01.12.2023, all the accused persons went to the house of deceased, assaulted him and committed his murder and shifted his body in his car and threw it in a forest area. She further contended that, the offence alleged against the petitioner is a heinous offence and punishable either with death or imprisonment for life. If the petitioner is granted bail, there are chances of - 4 - HC-KAR NC: 2025:KHC:45570 CRL.P No. 14408 of 2025 tampering the prosecution witnesses and flee from justice. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record. 6. Accused No.4 is the wife of accused No.1. It is alleged that, the deceased was insisting accused No.4 to have illicit relation with him. He became angry with the same. Accused No.1 even though, went along with accused No.4 to Tamil Nadu, he conspired with accused Nos.2, 3 and 4. In furtherance of the said conspiracy, accused persons entered the house of the deceased, assaulted him with hands and pressed his head to the edge of the cot and committed his murder. The entire case of the prosecution is based on circumstantial evidence. There is no any recovery at the instance of this petitioner. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the - 5 - HC-KAR NC: 2025:KHC:45570 CRL.P No. 14408 of 2025 circumstances at trial. The petitioner is in judicial custody since 27.12.2023 and therefore, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to appear before the trial Court on all dates of hearing and cooperate for trial. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.34/2024 (arising out of Crime No.320/2023 of Channapatna Rural Police Station), pending on the file of Principal District and Sessions Judge, Ramanagara, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the trial Court. - 6 - HC-KAR NC: 2025:KHC:45570 CRL.P No. 14408 of 2025 ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. iv) The petitioner shall produce his Aadhar Card or any other documents having address proof. v) The petitioner shall not involve in commission of any offence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 6