- 1 - HC-KAR NC: 2026:KHC:10719 CRL.P No. 754 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 754 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. CHANDREGOWDA @ CHANDRAPPA S/O LATE.CHANNEGOWDA AGED ABOUT 66 YEARS R/AT: VINAYAKA NAGARA, KOTE CHIKKAMAGALURU - 577 101. 2. MALLIKARJUNA @ MADHE S/O LATE SIDDAPPA AGED ABOUT 42 YEARS R/AT: HARANAHALLI VILLAGE ARASIKERE TALUK, HASSAN DISTRICT – 573 122. …PETITIONERS (BY SRI HARISH KUMAR M C, ADVOCATE) AND: 1. STATE BY SAKHARAYAPATNA POLICE CHIKKAMAGALURU DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SRI M R PATIL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10719 CRL.P No. 754 of 2026 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (UNDER SECTION 483 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 08.01.2026 PASSED BY THE II ADDL. SESSIONS AND SPECIAL JUDGE, AT CHIKKAMAGALURU IN SC.No.146/2023 ARISING OUT OF CR.No.138/2025 OF THE RESPONDENT IN SAKHARAYAPATNA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1),352 R/W 3(5) OF BNS, 2023. 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.1 and 2 under Section 483 of BNSS, praying to grant bail in S.C.No.146/2025 (Crime No.138/2025 of Sakkarayapatna Police Station) pending on the file of II Additional District and Sessions Judge, Chickmagaluru, registered for offences under Section 103(1), 352, and Section 3(5) of BNS. 2. Heard the learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioners would contend that there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. Even - 3 - HC-KAR NC: 2026:KHC:10719 CRL.P No. 754 of 2026 though the injured was admitted in the hospital, his death is after 36 hours. His statement has not been recorded. The alleged dying declaration stated to be recorded by CW.4 in the mobile requires to be proved at trial. As the charge sheet is filed, the petitioners are not required for further custodial interrogation. There are no criminal antecedents of the petitioners. There was no motive on the part of the petitioners to kill the deceased. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the statement of CW.4 has been recorded under Section 183 of BNSS wherein he has stated that he recorded the statement made by the deceased on the spot wherein the deceased has stated that accused Nos.1 and 2 have assaulted him. The post mortem report indicates that deceased has sustained nine injuries and the cause of the death is due to shock and haemorrhage as a result of injuries sustained. The charge sheet materials show prima-facie case against - 4 - HC-KAR NC: 2026:KHC:10719 CRL.P No. 754 of 2026 the petitioners for the offences alleged against them. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that accused No.1 is having coconut garden. He and his sister's son were looking after the said coconut garden. On 18.08.2025 at about 10 a.m., accused No.1 saw deceased carrying three coconuts. Accused No.1 has abused him and alleged that he has committed theft of those three coconuts and assaulted him with coconut tree stem and made him to sit there and secured accused No.2 to the spot. Accused No.2 came to the spot and both thought that if he is left, he will again commit theft. So accused No.1 assaulted with coconut stem and accused No.2 assaulted with handle of the pickaxe on the body of the deceased and the deceased became unconscious and the accused persons dragged him and kept him at the place and went away. CW.3 saw the - 5 - HC-KAR NC: 2026:KHC:10719 CRL.P No. 754 of 2026 deceased lying there and he secured CW.1 and CW.2 and in front of CW.1 to CW.7, the deceased has made a statement that accused Nos.1 and 2 had assaulted him and it has been recorded in the mobile of CW4. The deceased died on 19.08.2025 at 08.15 p.m. in the hospital. There are no eyewitnesses to the incident and the entire case of the prosecution is based on circumstantial evidence. One of the main circumstances is dying declaration made by the deceased in front of CWs.1 to 7. The said dying declaration has been recorded by CW.4 in his mobile. The statement of CW.4 has been recorded under Section 183 of BNSS. As the case of the prosecution is based on circumstantial evidence, each of the circumstances has to be proved at the trial. As the charge sheet is filed, the petitioners are not required for further custodial interrogation. There are no criminal antecedents against the petitioners. 7. Considering the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, following: - 6 - HC-KAR NC: 2026:KHC:10719 CRL.P No. 754 of 2026 ORDER The petition is allowed. The petitioners are granted bail in S.C.No.146/2025 (Crime No.138/2025 of Sakkarayapatna Police Station) pending on the file of II Additional District and Sessions Judge, Chickmagaluru, subject to the following conditions. (i) The petitioners shall execute a bail bond for a sum of Rs.1,00,000/- each, with one surety for the like sum to the satisfaction of the jurisdictional Court. (ii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioners shall attend the trial Court on all dates of hearing unless exempted and co- operate for disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 49 Ct.sm