- 1 - HC-KAR NC: 2026:KHC:15864 CRL.P No. 14406 of 2025 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. 14406 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. B SEENAPPA S/O LATE BUDDAPPA AGED ABOUT 65 YEARS, R/AT N.G. HULKUR VILLAGE, KYASAMBALLI HOBLI, KGF TALUK, KOLAR DIST-563 101. 2. SAMPANGI @ SAMPAGYAPPA S/O LATE BUDAPPA AGED ABOUT 70 YEARS, R/A POOGANAHALLI GATE, KYASAMBALLI HOBLI, KGF TALUK, KOLAR DIST-563 101. …PETITIONERS (BY SRI. ABHILASH KUMAR M N.,ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15864 CRL.P No. 14406 of 2025 AND: STATE OF KARNATAKA BETHAMANGALAL P.S REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI.RANGASWAMY R.,HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO DIRECT THE RESPONDENT TO RELEASE AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.71/2025 BELTHAMANAGALA, POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 103(1),54 R/W 190 OF BNSS 2023 ON THE FILE OF HON’BLE ADDL.CIVIL JUDGE (SR.DN) AND CJM COURT, KOLAR DIST, K.G.F. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15864 CRL.P No. 14406 of 2025 ORAL ORDER 1. This petition is filed by the petitioners who are arraigned as accused Nos. 1 and 2 in Crime No.71/2025 filed by the respondent-Police for the offences punishable under Section 103(1), 54 and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that the father– in–law of the complainant and his brothers had a dispute in respect of the ancestral property of the land bearing Sy. No.2 measuring 0.12 guntas. During the pendency of the suit, the parties have partitioned the property; each party has taken 3 guntas each, and they were in possession of their respective shares. Such being the facts, on 13.06.2025, the deceased Ramesh had permitted and allowed one Shankar, who is the resident of N.G. Hulkur village to construct a temporary shed; however, it was stopped by the other brothers. Therefore, the deceased came near the cattle shed, at that time, the accused had - 4 - HC-KAR NC: 2026:KHC:15864 CRL.P No. 14406 of 2025 picked up a quarrel with the deceased by saying that he ought not to have permitted the putting up of a shed on the disputed land. As such, the accused had killed the deceased to that effect. 3. Based on the said complaint, the respondent- Police have registered a case and conducted the investigation and submitted the charge-sheet. 4. Heard Sri. Abhilash Kumar M.N., learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for the respondent. 5. Learned counsel for the petitioner submits that the deceased is none other than the brother of accused Nos. 1 and 2. There was a dispute between the brothers in respect of Sy. No.2 of the said village. The deceased had permitted the construction of a temporary cattle shed on the disputed property, which was subsequently objected by Accused Nos. 1 and 2. The said accused Nos. 1 and 2 were trying to remove the temporary cattle shed, - 5 - HC-KAR NC: 2026:KHC:15864 CRL.P No. 14406 of 2025 asserting that the matter is pending before the Civil Court and yet to be decided. 6. It is further submitted that the incident had occurred at a spur-of-the-moment. However, they had no intention to commit the murder of the deceased. As per the averments of the complaint, they did not carry any deadly weapons along with them with the intention to commit murder. Having considered the nature and gravity of the offence, it is appropriate to grant bail to the petitioners by imposing suitable conditions. They will abide by the conditions imposed by this Court in the event of their 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 the respondent – State vehemently submitted that the petitioner No.1 has criminal antecedents. Two (02) more cases are pending against him. He has used a deadly weapon to commit the murder of the deceased. Accused No.1 had assaulted the deceased with a wooden - 6 - HC-KAR NC: 2026:KHC:15864 CRL.P No. 14406 of 2025 log on the head of the deceased. Accused No.2 assaulted with his hands and caused injuries. Consequently, the deceased died on the spot. Therefore, if the petitioners are enlarged on bail, there may be chances of committing a similar offence or threatening the prosecution witnesses. Hence, it is not appropriate to grant bail. Making such submissions learned High Court Government Pleader prays to reject the petition. 8. Heard learned counsel for the respective parties and perused the averments of the charge-sheet. It appears from the record that there was a constant dispute between the brothers in respect of immovable property bearing Sy. No.2 measuring 12 guntas. Civil cases were pending against each other. One of the members of the joint family property had permitted his friend to construct a temporary cattle shed on the scheduled land, which was subsequently objected to by accused Nos. 1 and 2. The deceased went there and obstructed them from removing the shed. There was a quarrel between the brothers on the - 7 - HC-KAR NC: 2026:KHC:15864 CRL.P No. 14406 of 2025 said issue. He had been killed by using a wooden log and also with his hands. Having considered the weapons used for the commission of the said offence, I am of the considered opinion that the petitioners herein have made out a case to grant them bail. 9. Hence I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioners are ordered to be enlarged on bail on executing their personal bonds for a sum of Rs. 1,00,000/- each with one (01) surety each to the satisfaction of the Trial Court. iii. The petitioners shall not commit any criminal cases till disposal of the present case. iv. The petitioners shall appear before the Trial Court on all hearing dates, without fail. vi. The petitioners shall not tamper with the prosecution witnesses. - 8 - HC-KAR NC: 2026:KHC:15864 CRL.P No. 14406 of 2025 In case any of the conditions mentioned above is violated by the petitioners herein, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM