- 1 - HC-KAR NC: 2026:KHC:10335 CRL.P No. 17316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17316 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: ARUNKUMAR @ DAMU S/O NARASIMHAMURTHY, AGED ABOUT 21 YEARS, R/AT: MUNESHWARA BADAVANE, NEAR DIBBUR CLINIC, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 101. …PETITIONER (BY SRI. G.M. SHARATH, ADVOCATE FOR SRI. MOHAMMED UMMAR FAROOQ, ADVOCATE) AND: STATE OF KARNATAKA BYNELAMANGALA TOWN POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN S.C.NO.197/2025 (CRIME NO.78/2025) REGISTERED BY THE NELAMANGALA TOWN POLICE STATION, FOR THE OFFENCES PUNISHABLE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10335 CRL.P No. 17316 of 2025 UNDER SECTIONS 103(1), 140, 61(2) AND 49 READ WITH SECTION 3(5) OF BNS, 2023 AND UNDER SECTION 27(2) OF ARMS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU. 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 No.3 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.197/2025 (Crime No.78/2025 of Nelamangala Town Police Station), pending on the file of Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, registered for offences punishable under Sections 103(1), 140, 61(2), 49 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Section 27(2) of Arms Act. - 3 - HC-KAR NC: 2026:KHC:10335 CRL.P No. 17316 of 2025 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, there is no overt act alleged against this petitioner assaulting the deceased. The said overt act is alleged against accused Nos.1 and 2. The petitioner alleged to have driving the car at the time of the incident and accused No.1 has assaulted the deceased when he was in the car of this petitioner. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, this petitioner was present on the spot at the time of the incident. The petitioner was driving the car. After accused Nos.1 and 2 assaulted the deceased and took him in the car of this petitioner, accused No.1 has assaulted the - 4 - HC-KAR NC: 2026:KHC:10335 CRL.P No. 17316 of 2025 deceased in the car and caused his death. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the case of the prosecution is that the deceased - Dileep Kumar had illicit relation with C.W.1 - wife of accused No.4. Even though accused No.4 has shifted his wife to some other place, the deceased has not stopped his illicit relation with C.W.1. Therefore, accused No.4 stated to have conspired with accused Nos.1 to 3 and assured them that he will cooperate and look after the Court expenses. Due to the said conspiracy and the instigation of accused No.4, accused Nos.1 to 3 went to the spot and accused Nos.1 and 2 have assaulted the deceased and at that time, the - 5 - HC-KAR NC: 2026:KHC:10335 CRL.P No. 17316 of 2025 petitioner/accused No.3 was present on the spot in the car, driving the car and thereafter, accused Nos.1 and 2 took the deceased in the car and the petitioner/accused No.3 drove the said car and on the way, accused No.1 assaulted the deceased with a knife on his chest and neck and caused his death in the car. Considering the said aspect, there is no overt act of assault alleged against this petitioner. The said overt act of assault is alleged against accused Nos.1 and 2. The petitioner is in judicial custody since 29.04.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.197/2025 (Crime No.78/2025 of Nelamangala Town Police Station), pending on the file of - 6 - HC-KAR NC: 2026:KHC:10335 CRL.P No. 17316 of 2025 Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 31