- 1 - HC-KAR NC: 2026:KHC:15991 CRL.P No. 360 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 360 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: CHETHAN H S/O HANUMANTHAPPA, AGED ABOUT 20 YEARS, DRIVER, R/O BHOVIKERI, ANTHARANGANGE VILLAGE, BHADRAVATHI TALUK - 577 201. …PETITIONER (BY SRI. PRASAD B S., ADVOCATE) AND: STATE OF KARNATAKA BY RURAL POLICE STATION, BHADRAVATHI, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15991 CRL.P No. 360 of 2026 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY., HCGP) ---- THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.5056/2024 PENDING ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI FOR THE OFFENCE P/U/S 120-B, 450, 201 AND 302 R/W SEC.34 OF IPC REGISTERED BY THE RESPONDENT RURAL POLICE BHADRAVATHI IN CRIME NO.94/2024. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15991 CRL.P No. 360 of 2026 ORAL ORDER 1. This petition is filed by the petitioner seeking regular bail in Crime No.94/2024 filed by the respondent- Police for the offence punishable under Section 302 read 34 of Indian Penal Code (for short IPC). Factual matrix of the case: 2. The case of the prosecution is that the complainant being uncle of the petitioner lodged a complaint stating that he was working as a JCB operator and used to work in the said JCB whenever he gets work. Similarly, fifteen days ago, he had been to work near Davanagere. On 03.05.2024 around 06.00 p.m. the complainant came from Davanagere and asked his sister- in-law to wake up his mother. When his sister-in-law went inside the house to wake her mother-in-law, the deceased did not respond. Immediately, sister-in-law had informed the complainant that her mother-in-law was not woking up. Immediately, the complaint rushed into the house and - 4 - HC-KAR NC: 2026:KHC:15991 CRL.P No. 360 of 2026 found that his mother was dead. Thereafter, the complainant suspecting the involvement of some unknown persons called his brother's son namely, Santhosh, who was residing at Bangalore. 3. It is further stated that the said Santosh replied that he was coming from Bangalore and asked the complainant to go and see that whether the amount which he had given to his grandmother was there with her or not? Immediately, the complainant went and searched the handbag of the deceased, however, he did not find the amount of Rs.20,000/- which was kept in the said handbag and also he further found that, the earrings were also gone missing. 4. It is further stated that the complainant started searching for another son of his brother namely Chetan. However, the said Chetan was not found in and around the village. Therefore, suspecting his involvement, a complaint came to be registered against him. The respondent – - 5 - HC-KAR NC: 2026:KHC:15991 CRL.P No. 360 of 2026 Police registered a case against Chetan and others and conducted the investigation and submitted the charge- sheet. 5. Heard Sri. B.S. Prasad, learned counsel for the petitioner and Sri. Harish Ganapathy, learned High Court Government Pleader for respondent – State of Karnataka. 6. Learned Counsel for the petitioner submits that the petitioner is innocent of the alleged offences and he has been falsely implicated in the case. The case is based on circumstantial evidence. The petitioner has not committed the offences as alleged in the complaint. Nothing has been recovered at his instance. The petitioner will abide the conditions to be imposed by this Court in the event of his release on bail. Making such submissions learned counsel for the petitioner prays to allow the petition. 7. Per Contra, learned High Court Government Pleader for respondent – State of Karnataka vehemently - 6 - HC-KAR NC: 2026:KHC:15991 CRL.P No. 360 of 2026 submitted that the petitioner being a grandson of the deceased had killed his grandmother for gain. Soon after the incident, he has escaped and he was not available till filing of the complaint against him. The respondent - Police have secured his presence and recorded his statement and the amount has been seized from the accused persons. Therefore, it is not appropriate to grant him bail. Making such submissions learned High Court Government Pleader for respondent prays to reject the petition. 8. Heard learned counsel for the respective parties and perused the averments of the charge-sheet, which would indicate that the petitioner has allegedly committed murder of his grandmother for gain with the help of other accused persons and it is stated that they have distributed the amount after committed the robbery. 9. Be that as it may, the entire case is based on circumstantial evidence. No doubt, the amount has been seized from the petitioner and others. However, that itself - 7 - HC-KAR NC: 2026:KHC:15991 CRL.P No. 360 of 2026 is not sufficient to hold that the prosecution has established a case to deny regular bail. 10. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.94/2024 filed by the respondent-Police for the offence punishable under Section 302 read 34 of Indian Penal Code, on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. - 8 - HC-KAR NC: 2026:KHC:15991 CRL.P No. 360 of 2026 iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. v. The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions mentioned above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM