- 1 - HC-KAR NC: 2026:KHC:13605 CRL.P No. 17390 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 17390 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI MUNEESH @ JOGI, S/O LATE SHIVASIDDEGOWDA, AGED ABOUT 32 YEARS, R/AT HONGANIDODDI VILLAGE, UYYAMBALLI HOBLI, RAMANAGARA, KANAKAPURA – 562 117 (ACCUSED NO. 9 - IN J.C) …PETITIONER (BY SRI. SHEELA R BADAGI.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SATHANUR POLICE STATION, KANAKAPURA TALUK, BENGALURU SOUTH DISTRICT – 562 117 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, 2. CHETANA H.S, S/O SHIVANNA AGED 26 YEARS, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13605 CRL.P No. 17390 of 2025 R/AT HONGANIDODDI VILLAGE, UYYAMBALI HOBLI, KANAKAPURA TALUK – 562 117 BENGALURU SOUTH DISTRICT, KARNATAKA …RESPONDENTS (BY SRI. RANGASWAMY.K., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1) (RESPONDENT NUMBER.2 IS SERVED AND UNREPRESENTED) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CRIME NO.103/2025 (S.C.NO.5058/2025) OF SHANTANUR POLICE STATION FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 61(2), 189(2), 191(3), 126(2), 352, 103(2), 109(1), 190, BNS ACT AND UNDER SECTION 27, 38 OF ARMS ACT 1959, PENDING ON THE HON’BLE II ADDL. DISTRICT AND SESSIONS JUDGE BANGALORE SOUNTH DISTRICT,M SITTING AT KANAKAPURA ON SUCH TERMS AND ACONDITIONS, IN THE INTEREST OF JUSTICE. 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:13605 CRL.P No. 17390 of 2025 ORAL ORDER 1. The petitioner/accused No.9 is before this Court seeking for grant of regular bail in Crime No.103/2025 of respondent-police for the offence under Sections 61(2), 189(2), 191(3), 126(2), 352, 103(2), 109(1), 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 27 and 28 of ARMS Act, 1959. Brief facts of the case: 2. The case of the prosecution is that, Chetan H.S. lodged a complaint stating that he knows Nanjesh, who was Ex-President of Gram Panchayat, Acchalu. There was a dispute between Boregowda and Srinivasa in respect of a vacant site. On 21.07.2025, around about 07.00 p.m., Boregowda, Srinivas, Nanjesh, complainat, Ravi, Muneesh and other members of the village were gathering to resolve the dispute between Boregowda and Srinivas. Srinivas, who is arraigned as accused No.1 took up quarrel, deceased Nanjesh was standing in favour of Boregowda. On the following day, around about 08.00 - 4 - HC-KAR NC: 2026:KHC:13605 CRL.P No. 17390 of 2025 a.m., a Raja came to the house of Nanjesh on behalf of Srinivas and quarreled with Nanjesh and Boregowda. In that connection, a case came to be registered before the Sathanoor Police. 3. On 26.07.2025, around about 06.30 p.m., deceased Nanjesh came in his Innova car and took the complainant and others and went to R.K.Dhaba to have dinner. Around 08.30 p.m., Rajesh and Krishna, who had accompanied deceased Nanjesh went to their respective houses. Deceased Nanjesh and complainant were also about to move from the place. At that time, Srinivas and others entered into the said Dhaba by holding deadly weapons in their hands and started assaulting Nanjesh indiscriminately with an intention to commit his murder. In the meantime, the complainant tried to rescue the deceased Nanjesh. However, in that scuffle, he had also sustained injuries to his hands and legs. The deceased Nanjesh had been brutally assaulted and he was killed. Hence, the complaint. The respondent-Police after - 5 - HC-KAR NC: 2026:KHC:13605 CRL.P No. 17390 of 2025 registering the case, conducted investigation and submitted charge sheet. 4. Heard Sri.Gangadhar K., learned counsel for the petitioner and Sri.Rangaswamy R., learned High Court Government Pleader for respondent No.1-State. 5. The submission of the learned counsel for the petitioner is that the petitioner is arraigned as accused No.9. As per the averments of the charge sheet, only five members had been to R. K. Dhaba and committed murder of the deceased-Nanjesh and also assaulted CW.1 to CW.3. The overt-act against the petitioner is that he had conspired along with others to commit murder of the deceased. The petitioner is a permanent resident of Kanakapura Taluk and he is the earning member of the family. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. - 6 - HC-KAR NC: 2026:KHC:13605 CRL.P No. 17390 of 2025 6. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner and others in furtherance of common intention to commit murder of the deceased Nanjesh, who was the Ex-President of Acchalu Gram Panchayat, executed the said conspiracy and committed murder of the deceased. There are three eyewitnesses to the incident. Even eyewitnesses had also sustained severe and grievous injuries. When the case is based on the evidence of eyewitnesses, it is not appropriate to grant bail to the petitioner till the examination of eyewitnesses. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it would indicate that accused No.1 had enmity with Nanjesh, who was Ex-President of Acchalu Gram Panchayat. It is stated that the murder had taken place on 26.07.2025 at R.K.Dhaba by the accused No.1 and others. On reading the averments of the charge sheet, - 7 - HC-KAR NC: 2026:KHC:13605 CRL.P No. 17390 of 2025 it appears that the accused Nos.1 to 5 were there, in the said Dhaba and committed the murder of the deceased. However, the present petitioner has been arraigned as accused No.9. On the allegations that he has conspired to commit murder of the deceased. 8. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.103/2025 of respondent-police for the offence under Sections 61(2), 189(2), 191(3), 126(2), 352, 103(2), 109(1), 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 27 and 28 of ARMS Act, 1959, on executing personal bond in a sum of Rs.1,00,000/- - 8 - HC-KAR NC: 2026:KHC:13605 CRL.P No. 17390 of 2025 (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (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, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 30