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2026 DAILYLAW 11973 (KAR)

PANCHAKSHARI v. STATE BY SALIGRAMA POLICE

CRL.P/14235/2025 · 2026-02-12

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8743 CRL.P No. 14235 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14235 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: PANCHAKSHARI S/O NAGARAJU AGED ABOUT 45 YEARS R/AT KEDAGA VILLAGE SALIGRAMA TALUK MYSURU DISTRICT-571 604 …PETITIONER (BY SRI. C.M. JAGADEESH, ADVOCATE) AND: STATE BY SALIGRAMA POLICE MYSURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR STATE OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 54, 351(2), 351(3), 3(5) OF BNS ACT IN CR NO.247/2025 OF SALIGRAMA POLICE MYSURU DISTRICT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8743 CRL.P No. 14235 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 2 under Section 483 of BNSS praying to grant bail in Crime No. 247/2025 of Saligrama Police Station registered for offences under Sections 103(1), 54, 351(2), 351(3), 3(5) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that the allegation against this petitioner is instigating accused No. 1 to kill the deceased. There is no allegation against this petitioner of assaulting the deceased. The statement of eyewitnesses have already been recorded under Section 183 of BNSS. C.W.1 - wife of the deceased has stated that her son - accused No. 2 - Panchakshari has not done any wrong. Petitioner is in judicial custody since 24.08.2025 and as chargesheet is filed, petitioner is not - 3 - HC-KAR NC: 2026:KHC:8743 CRL.P No. 14235 of 2025 required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that C.W.2 to C.W.4 are witnesses to the incident. Statement of C.W.1 to C.W.4 have been recorded under Section 183 of the BNSS. Petitioner had provoked his wife – accused No. 1 to kill the deceased as the deceased did not give property to them. In furtherance of the said instigation, accused No. 1 assaulted the deceased and killed him. Petitioner even though being the son of the deceased had not taken the deceased to the hospital. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties, the Court has perused the charge sheet and other materials placed on record. 6. As per chargesheet, the case of the prosecution is that accused No. 1 was insisting her father-in-law - Mr. Nagaraju to give property to them and deceased had refused for the same. Enraged by the same, on - 4 - HC-KAR NC: 2026:KHC:8743 CRL.P No. 14235 of 2025 23.02.2025 at about 08.00 a.m., when deceased was going towards his house which was under construction, at that time, accused No. 1 quarreled with him, at that time accused No. 2 told accused No. 1 to kill him, he will look after the expenses, instigated her, accused No. 1 assaulted the deceased with hand on his cheek and body, assaulted with wooden reaper and sickle and as a result he died. Considering the above aspects, the only allegation against petitioner – accused No. 2 is instigating and abetting accused No. 1 to assault and kill the deceased. There is no overt act against this petitioner assaulting the deceased. C.W.1 - mother of the petitioner and wife of the deceased, in her statement recorded under Section 183 of BNSS, has stated that her son Panchakshari – accused No. 2 has not committed any wrong. As chargesheet is filed, petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, petitioner has made out case for grant of bail with conditions. - 5 - HC-KAR NC: 2026:KHC:8743 CRL.P No. 14235 of 2025 In the result, the following; O R D E R Petition is allowed. The petitioner is granted bail in Crime No. 247/2025 of Saligrama Police Station subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. II. Petitioner shall not tamper the prosecution witness either directly or indirectly. III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 6