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2026 DAILYLAW 12697 (KAR)

BHARATH R v. STATE OF KARNATAKA

CRL.P/569/2026 · 2026-02-16

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9423 CRL.P No. 569 of 2026 C/W CRL.P No. 2018 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 569 OF 2026 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION No. 2018 OF 2026 IN CRL.P No. 569/2026 BETWEEN: 1. BHARATH R S/O RAVI KUMAR AGED ABOUT 21 YEARS R/AT VISHWANATHAPURA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DIST-562 110. …PETITIONER (BY SRI. HARISH KUMAR H C, ADVOCATE) AND: 1. STATE OF KARNATAKA DEVANAHALLI P.S. REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME No.57/2025 OF DEVANAHALLI POLICE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9423 CRL.P No. 569 of 2026 C/W CRL.P No. 2018 of 2026 STATION, BANGALORE RURAL DIST, AT BANGALORE, WHICH IS REGISTERED FOR THE OFFENCE UNDER SECTIONS 140, 103, 3(5) OF BHARATHIYA NYAYA SANHITA ACT-2023. IN CRL.P No. 2018/2026 BETWEEN: 1. SHIVAKUMAR D S/O DURGESH AGED ABOUT 26 YEARS R/AT GANTIGANAHALLI VILLAGE SINGANAYAKANA HOBLI, YELAHANKA TALUK BANGALORE – 560 064. 2. SANJAY G.V., S/O VASU E.R, AGED ABOUT 25 YEARS R/AT GANTTIGANAHALLI VILLAGE SINGANAYAKANAHALLI POST, YELAHANKA TALUK BANGALORE -560 064. ...PETITIONERS (BY SRI HARISH KUMAR H C, ADVOCATE) AND: 1. STATE OF KARNATAKA DEVANAHALLI P.S. REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001 ...RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME No.57/2025 OF DEVANAHALLI POLICE STATION, BANGALORE RURAL DIST, AT BANGALORE, WHICH IS REGISTERED FOR THE OFFENCE UNDER SECTIONS 140, 103, 3(5) OF BHARATHIVA NYAYA SANHITA ACT-2023. - 3 - HC-KAR NC: 2026:KHC:9423 CRL.P No. 569 of 2026 C/W CRL.P No. 2018 of 2026 THESE PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P.No.569/2026 is filed by accused No.6 and Crl.P.No.2018/2026 is filed by accused Nos.4 and 5. Both the petitions are filed under Section 483 of BNSS praying to grant bail in Crime No.57/2025 of Devanahalli Police Station, registered for offences under Sections 140, 103, 3(5) of BNS, pending in S.C.No.15059/2025 on the file of the V Additional District and Sessions Judge, Bengaluru Rural, sitting at Devanahalli. 2. Heard learned counsel for the petitioners and learned HCGP for respondent/State. 3. Learned counsel for the petitioner would contend that the accusation against these petitioners is that they along with accused No.1 took the deceased in the car and they assaulted with hands. The serious overt act is alleged against accused No.1, pressing the neck of the deceased and causing his death. The PM report indicates that the - 4 - HC-KAR NC: 2026:KHC:9423 CRL.P No. 569 of 2026 C/W CRL.P No. 2018 of 2026 death is due to compression of neck. The names of the petitioners have not been mentioned in the FIR. As the charge sheet is filed, the petitioners are not required for further custodial interrogation. With this, he prayed to allow the petitions. 4. Per contra, learned HCGP would contend that the deceased had a love affair with one Pallavi and the accused No.1 being relative of the said Pallavi had earlier assaulted deceased 5 to 6 days ago and subsequently, on the day of incident all the accused persons came and kidnapped the deceased and it has been seen by CW.2 and CW.3. On the next day the dead body of the deceased was found at 07.15 a.m. near Government Primary school. The charge sheet material show prima-facie case against the petitioners for offences alleged against them. With this he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint, charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:9423 CRL.P No. 569 of 2026 C/W CRL.P No. 2018 of 2026 6. The case of the prosecution as per charge sheet is that the deceased was in love affair with one Pallavi. Accused No.1 came to know about the same and planned to kill the deceased. On 02.05.2025 at 08.30 p.m., all the accused persons went in a car and kidnapped the deceased. Accused Nos.2 to 6 assaulted him with hands. Accused No.1 pressed the neck of the deceased and caused his death. CW.2 and CW.3 are eyewitnesses to the incident of kidnapping of the deceased by accused Nos.1 to 6. The accusation against the petitioners/accused Nos.4 to 6 is that they assaulted the deceased with hands. The PM report indicates that the cause of death is due to compression of neck. The said allegation of pressing the neck is against accused No.1. The petitioners alleged to have assaulted the deceased with hands. The petitioners are in judicial custody and as the charge sheet is filed, they are not required for further custodial interrogation. There are no criminal antecedents of the petitioners. - 6 - HC-KAR NC: 2026:KHC:9423 CRL.P No. 569 of 2026 C/W CRL.P No. 2018 of 2026 7. Considering the above aspects, the petitioners/accused Nos. 4 to 6 have made out of case for grant or bail. In the result, the following: ORDER Both the petitions are allowed. Petitioners/accused Nos.4 to 6 are granted bail in Crime No.57/2025 of Devanahalli Police Station, registered for offences under Sections 140, 103, 3(5) of BNS, pending in S.C.No.15059/2025 on the file of the V Additional District and Sessions Judge, Bengaluru Rural, sitting at Devanahalli, subject to following conditions: (i) Petitioners shall execute personal 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) Petitioners shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioners shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. - 7 - HC-KAR NC: 2026:KHC:9423 CRL.P No. 569 of 2026 C/W CRL.P No. 2018 of 2026 (iv) Petitioners shall not involve in commission of any offence. If the petitioners are found involved in commission of any offence, the prosecution can seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 13