- 1 - HC-KAR NC: 2026:KHC:13967 CRL.P No. 1259 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1259 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: PAVAN KUMAR H K., S/O KRISHNAPPA @ TAKKIPIKKI, AGED ABOUT 23 YEARS, RESIDING AT HEBBIDARUMETTALU VILLAGE, HAROHALLI HOBLI, HAROHALLI TALUK, BENGALURU SOUTH DISTRICT. …PETITIONER (BY SRI. A.N. RADHA KRISHNA.,ADVOCATE) AND: THE STATE OF KARNATAKA BY KANAKAPURA RURAL POLICE, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13967 CRL.P No. 1259 of 2026 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY.R., HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.148/2025 OF KANAKAPURA RURAL POLICE, NOW PENDING IN CC.NO.2950/2025, ON THE FILE OF THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, KANAKAPURA, FOR THE OFFENCES P/U/S 103(1), 238, 3(5) OF BNS, 2023, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13967 CRL.P No. 1259 of 2026 ORAL ORDER 1. The petitioner/accused No.3 is before this Court seeking for grant of regular bail in CC.No.2950/2025 arising out of Crime No.148/2025 pending on the file of II Additional Civil Judge and JMFC, Kanakapura for the offence under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, elder brother of complainant namely, Chiranjivi was an accused in Crime No.117/2024, where in the said case, he was arrested and he has been enlarged on bail. After releasing from judicial custody, he was staying with his wife-CW12 and he was doing agricultural work. Accused No.2 was also going for agricultural work. Accused No.3 got acquainted to the said Chiranjivi through accused No.2. - 4 - HC-KAR NC: 2026:KHC:13967 CRL.P No. 1259 of 2026 3. On 07.10.2025, prior to 15 days, i.e., on 28.09.2025, accused No.3 had assaulted said Chiranjivi as he was insulted in front of others. Accused No.3 was not aware about the background of said Chiranjivi. In the meantime, said Chiranjivi had also developed grudge against accused No.2. Accused Nos.1 to 3 in furtherance of common intention, have decided to commit murder of the deceased and accordingly, they committed murder of the deceased. The brother of the complainant had lodged a complaint against six persons. The respondent-police, after conducting investigation, submitted the charge sheet. 4. Heard Sri.A.N.Radha Krishna, learned counsel for the petitioner and Sri.Rangaswamy R., learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the present petitioner is arraigned as accused No.3 and the entire case is based on circumstantial evidence. The complainant had lodged a - 5 - HC-KAR NC: 2026:KHC:13967 CRL.P No. 1259 of 2026 complaint against six persons. In the said FIR, the present petitioner is arraigned as accused No.6. However, in the charge sheet, he has been arraigned as accused No.3. It is further submitted that the overt act against the petitioner is that, he along with other accused had committed the murder of the deceased. The entire allegations made in the complaint and also in the charge sheet are based on the voluntary statement of other accused. Therefore, it is appropriate to grant him bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent -State vehemently submitted that the present petitioner is the main accused. The motive for committing the murder of the deceased is that the petitioner had been insulted by the deceased-Chiranjivi. The petitioner was not aware about the fact that the said Chiranjivi was a rowdy-sheeter and he was one of the accused in a murder case. - 6 - HC-KAR NC: 2026:KHC:13967 CRL.P No. 1259 of 2026 It is further submitted that, accused No.3 had assaulted said Chiranjivi for his insult. Other accused had joined the hands of the petitioner and committed the murder of the deceased. Therefore, it is not appropriate to grant him bail. Making such submission, he prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and perused the averments of charge sheet, it appears from the record that the deceased- Chiranjivi was one of the accused in a murder case and he had been released on bail 8-9 months prior to the commission of the present incident. It is alleged that the said Chiranjivi had insulted the petitioner/accused No.3 by calling him by taking the nick name of his father. There was a quarrel between the petitioner and deceased- Chiranjivi. 8. Though it is alleged that the petitioner and others had committed murder of the deceased, the fact remains that the entire case is based on circumstantial - 7 - HC-KAR NC: 2026:KHC:13967 CRL.P No. 1259 of 2026 evidence. There are ambiguities in the averments of the charge sheet. Therefore, it is appropriate to grant him bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in CC.No.2950/2025 arising out of Crime No.148/2025 pending on the file of II Additional Civil Judge and JMFC, Kanakapura for the offence under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. - 8 - HC-KAR NC: 2026:KHC:13967 CRL.P No. 1259 of 2026 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 42