- 1 - HC-KAR NC: 2025:KHC:45242 CRL.P No. 13991 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13991 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHRI. SUBBAIAH K B @MANI, S/O LATE BELLIAPPA AGE 74 YEARS, R/A: CHERALA SRIMANGALA VILLAGE KUSHALNAGAR TALUK KODAGU DISTRICT- 571 234. …PETITIONER (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADIKERI RURAL POLICE STATION MADIKERI SUB DIVISION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU BENCH BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME No.92/2025 REGISTERED BY RESPONDENT MADIKERI RURAL POLICE STATION AND SUBSEQUENTLY CONVERTED SC No.68/2025 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45242 CRL.P No. 13991 of 2025 PENDING ON THE FILE OF THE HON’BLE IST ADDL.DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1) OF BNS, 2023 AND SECTION 30 OF INDIAN ARMS ACT 1959. 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 sole accused under Section 483 of BNSS praying to grant bail in Crime No.92/2025 of Madikeri Rural Police Station registered for offences punishable under Section 103(1) of BNS and Section 30 of Indian Arms Act, 1959. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for petitioner would contend that there were quarrels with regard to property between petitioner and the deceased and a suit was filed by the deceased against the petitioner seeking division of the property. There are no eyewitnesses to the incident. C.W.2 - 3 - HC-KAR NC: 2025:KHC:45242 CRL.P No. 13991 of 2025 has stated that the eyewitness has not seen this petitioner firing at the deceased. The petitioner is ex-serviceman and he is holding license of the SBBL gun. The petitioner is aged 75 years. As the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that statement of C.W.2 has been recorded under Section 183 of BNSS wherein he has stated having seen this petitioner firing and identifying him because of the SBBL gun and it is standing in the name of petitioner -accused. The said a gun has been sent for ballistic expert for opinion. There is a CCTV footage collected wherein the petitioner went to his house in a two wheeler and brought SBBL gun in his jeep. The petitioner is a brother of C.W.2 -eyewitness and if he is granted bail there is a threat to C.W.2. With this, she prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:45242 CRL.P No. 13991 of 2025 5. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record. 6. The petitioner, deceased and C.W.2 are brothers. There is a civil dispute between petitioner and the deceased and case is pending in O.S.No.10/2025. The said suit has been filed by the deceased against the petitioner regarding division of the property. The allegation against the petitioner is that on 06.02.2025 he went to his house, brought his SBBL gun in the jeep and fired at the deceased and killed him. C.W.2 who is stated to be the brother of this petitioner is cited as an eye witness to the incident. On perusal of his statement recorded by the police, he has not seen exactly the petitioner shooting at the deceased. Only on the basis of his mustache he has identified to be his brother i.e., Petitioner. C.W.2 in his statement recorded under Section 183 of Cr.P.C has stated that he witnessing this petitioner bringing a gun and firing at deceased. The petitioner is in judicial custody since - 5 - HC-KAR NC: 2025:KHC:45242 CRL.P No. 13991 of 2025 06.05.2025 and therefore, he is not required for any further custodial interrogation. The charge sheet is already filed. The petitioner is aged 75 years and he is an ex- serviceman. There are no criminal antecedents of the petitioner. The apprehension of the prosecution is that if the petitioner is granted bail, he will threaten the prosecution witnesses can be met with by imposing stringent conditions. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No. 92/2025 of Madikeri Rural Police Station registered for offences punishable under Section 103(1) of BNS and Section 30 of Indian Arms Act, 1959 pending in S.C.No.68/2025 he file of I - 6 - HC-KAR NC: 2025:KHC:45242 CRL.P No. 13991 of 2025 Additional and District and Sessions Judge, Kodagu, Madikeri subject to following conditions; a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused shall attend the trial Court on all dates of hearing unless exempted and co-operate in speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 15 Ct.sm