- 1 - HC-KAR NC: 2026:KHC:8654 CRL.P No. 11708 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. 11708 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHEKHAR K @ PONGU S/O KEMPEGOWDA AGED ABOUT 23 YEARS R/AT BEERIHUNDI VILLAGE JAYAPURA HOBLI, MYSURU TALUK MYSURU DISTRICT-570 026 …PETITIONER (BY SRI. C.M. JAGADEESH, ADVOCATE) AND: STATE BY JAYAPURA POLICE MYSURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR STATE OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49,61,103(1), 238, 351(1), 3(5) OF BNS ACT IN CR.NO.36/2025 OF JAYAPURA POLICE, MYSURU DISTRICT AND SUBMITTED FIR BEFORE THE II JMFC AT MYSURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8654 CRL.P No. 11708 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 This petition is filed by the petitioner –accused No.7 under Section 483 of BNSS praying to grant bail in Crime No.36/2025 of Jayapura Police Station registered for offences punishable under Sections 49, 61, 103(1), 238, 351(1), 3(5) of BNS. 2. Learned counsel for the petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that the charge sheet had been filed against this petitioner for offences punishable under Sections 61, 238 read with Section 3(5) of BNS. There is no allegation against this petitioner assaulting the deceased. The said allegation of assaulting the deceased is against accused Nos.1 to 3. Allegation against this petitioner is that he gave his bike to accused Nos.1 to 3 after the incident and - 3 - HC-KAR NC: 2026:KHC:8654 CRL.P No. 11708 of 2025 they went on it and this petitioner and Juvenile No.1 went in the bike. All of them i.e., accused Nos.1 to 3, petitioner and Juvenile No.1 stayed in lodge booked by accused No.4 on that day. The other allegation against this petitioner is that he and accused No.6 kept watching in front of the house of the deceased with regard to movement of the deceased. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is in judicial custody since 16.03.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that the petitioner has kept watching moment of deceased by standing near his house and immediately after incident he gave his bike to accused Nos.1 to 3 and they went along with the weapon in that bike and thereafter, this petitioner stayed with - 4 - HC-KAR NC: 2026:KHC:8654 CRL.P No. 11708 of 2025 accused Nos.1 to 3 and Juvenile No.1 in the lodge booked by accused No.4. There is another allegation that this petitioner also conspired with the other accused to kill the deceased. The petitioner was present at the time of the incident in front of the house of the deceased. Charge sheet materials show prima facie case against the petitioner for offences punishable against him. With these, he prays to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on the record. 6. As per charge sheet, the case of the prosecution is that the accused Nos.1 to 4, 6, 7, Juvenile Nos.1 and 2 conspired to kill the deceased and in furtherance of the said conspiracy, accused Nos.6 and 7 kept watch of the movement in front of the house of the deceased and accused No.4 and Juvenile No.1 kept watch near Gopalapura Road and accused No.2 in the guise of asking water knocked the door of the deceased and when - 5 - HC-KAR NC: 2026:KHC:8654 CRL.P No. 11708 of 2025 the door was opened, accused No.2 assaulted with long chopper on the neck of the deceased and when he fell down, accused Nos.1 and 3 have entered the house and accused No.1 assaulted with long chopper on the head of the deceased and accused No.3 took the bottle kept on the table and assaulted with it on the head of the deceased. Accused Nos.1 and 2 assaulted with long chopper on the right side of the head and left hand and accused No.3 with dagger assaulted on the stomach, chest and back of the deceased and caused his death. 7. Serious overtact of assault on the deceased by deadly weapon is against accused Nos.1 to 3. The petitioner, even though he is stated to be present near the spot, he is not alleged of any assault on the deceased. The petitioner is stated to have kept watch near the house of the deceased and after the incident he gave his bike to accused No 1 to 3 to ran away from the spot with weapons. The other allegation is that the petitioner stayed with accused Nos.1 to 3 and Juvenile No.1 in the lodge on - 6 - HC-KAR NC: 2026:KHC:8654 CRL.P No. 11708 of 2025 that day. The charge sheet filed against this petitioner for offences punishable under Section 11, 238 and 3(5) of BNS. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 8. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.7 is granted bail in Crime No.36/2025 of Jayapura Police Station registered for offences punishable under Sections 61, 283, 3(5) of BNS subject to following conditions: - 7 - HC-KAR NC: 2026:KHC:8654 CRL.P No. 11708 of 2025 a) The petitioner –accused No.7 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.7 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused No.7 shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. d) The petitioner –accused No.7 shall not involve in commission of any offence. If the petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 3