- 1 - HC-KAR NC: 2026:KHC:13599 CRL.P No. 2365 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2365 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. PREM GOWDA S/O PARTHA , AGED ABOUT 24 YEARS, WORKING AT ABB, BUSINESS SERVICES PRIVATE LIMITED R/AT GENDEKERE VILLAGE, KASABA HOBLI, KANAKAPURA TALUK BANGALORE SOUTH KARNATAKA 562 117 (JUDICIAL CUSTODY ) …PETITIONER (BY SRI. S SHANKARAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13599 CRL.P No. 2365 of 2026 THROUGH KANAKAPURA RURAL PS, REP BY SPP, HIGH COURT COMPLEX, BANGALORE 560001 …RESPONDENT (BY SRI. B. LAXMAN, HCGP) --- CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 483 BNSS IN S.C.NO.5004/2026 PENDING ON THE FILE OF THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE AT KANAKAPURA (ARISING OUT OF CR.NO.149/2025 OF KANAKAPURA RURAL P.S) FOR THE OFFENCE P/U/S 103(1),109(1),126(2),115(2),189(2),190,49,238,191(3), 352 OF BNS 2023. THIS PETITION, 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:13599 CRL.P No. 2365 of 2026 ORAL ORDER 1. This petition is filed by the petitioner, who is arraigned as accused No.2 in S.C.No.5004/2026 pending on the file of the learned II Addl. District and Sessions Judge at Kanakapura (arising out of Crime No.0149/2025 filed by the respondent – Police) for the offences punishable under Sections 103(1), 109(1), 126(2), 115(2), 189(2), 190, 49, 238, 191(3), 352 of Bharatiya Nyaya Sanhita, 2023. Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by one Sri. Kiran T.M (CW-1), who is also the injured stating that his father sold the property to accused No.1 via a registered sale deed. The complainant and his brother had questioned the validity of the said sale deed, asserting that they had not signed it. Accused No.1 subsequently invited CW-1 and the deceased to his house to negotiate the property dispute. It is stated that they went to the location on their scooter to have a talk with accused No.1 and others. However, they had been brutally assaulted by accused No.1 and others. When the deceased tried to run away - 4 - HC-KAR NC: 2026:KHC:13599 CRL.P No. 2365 of 2026 from the spot, accused No.1 instructed accused Nos.3 and 5 to bring him back. Accordingly, they took the jeep and brought him back and assaulted him brutally. Thereafter, they were shifted to the hospital for treatment. Hence, this complaint. The respondent-Police, after conducting investigation, submitted the charge-sheet. 3. Heard Sri. S. Shankarappa, learned counsel for the petitioner and Sri. B. Laxman, learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioner submits that the petitioner is arraigned as accused No.2. As per the averments of the charge-sheet, he had assaulted the deceased with his hands and legs. However, there is no specific averment in the charge-sheet regarding whom he had assaulted. The similarly placed other accused person, namely, accused No.4 has been granted anticipatory bail by the Co-ordinate Bench of this Court. Therefore, the petitioner may be enlarged on bail on parity. - 5 - HC-KAR NC: 2026:KHC:13599 CRL.P No. 2365 of 2026 5. It is further submitted that the petitioner is working as a Software Engineer and that his presence at the scene of incident is doubtful. He has been falsely implicated in this case in order to pressurize the accused No.1 to re-convey the land. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide the conditions 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. 6. Per contra, learned High Court Government Pleader for respondent vehemently submitted that the present petitioner is the son of accused No.1. The complainant is the injured and also the eyewitness to the incident. He has narrated the overt-act of each accused. It is alleged that the present petitioner has also brutally assaulted and caused injuries not only to CW-1, but also to the deceased. On perusal of the averments made in the charge-sheet, it appears that the alleged offence is a gruesome murder. Therefore, it is not appropriate to grant him bail. Making such submissions learned High Court Government Pleader prays to reject the petition. - 6 - HC-KAR NC: 2026:KHC:13599 CRL.P No. 2365 of 2026 7. Heard learned counsel for the respective parties and perused the averments of the charge-sheet, it appears that the present petitioner, who is the son of accused No.1, was present at the scene of occurrence. However, the fact remains that, the overt act attributed to the petitioner is similar to that of accused No.4. In fact, the accused No.4 has been granted anticipatory bail by the Co-ordinate Bench of this Court. Considering the said aspect, it is appropriate to grant bail to the petitioner by imposing suitable conditions that would take care of the apprehension of the prosecution. 8. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is enlarged on bail in S.C.No.5004/2026 pending on the file of the learned II Addl. District and Sessions Judge at Kanakapura (arising out of Crime No.0149/2025 filed by the respondent – Police) for the offences punishable under Sections 103(1), 109(1), 126(2), 115(2), - 7 - HC-KAR NC: 2026:KHC:13599 CRL.P No. 2365 of 2026 189(2), 190, 49, 238, 191(3), 352 of Bharatiya Nyaya Sanhita, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one (01) surety for the likesum to the satisfaction of the Trial Court. iii. The petitioner shall not commit any similar offence till disposal of the present case. iv. The petitioner shall appear before the trial Court on all hearing dates, without fail. v. The petitioner shall not tamper the prosecution witnesses. In case the petitioner violates any of the conditions stated above, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM