- 1 - HC-KAR NC: 2026:KHC:25797 CRL.P No. 2649 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2649 OF 2026 BETWEEN: BOPPANDA A MAHENDRA S/O LATE APPANNA B.M R/AT DICKSON COFFEE WORKS QUARTERS, KUNDA VILLAGE KODAGU - 571 213 (UNDER JUDICIAL CUSTODY) …PETITIONER (BY SRI PRASANNA D.P(NOC), ADV.,) AND: STATE OF KARNATAKA BY GONIKOPPA POLICE STATION REPRESENTED BY SPP, HIGH COURT. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1/STATE; V/O DTD:27.04.2026, R-2 IS DELETED) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE BAIL PETITION, ENLARGING THE ACCUSED/PETITIONER ON BAIL BY ACCEPTING THE SURETY OR IMPOSED ON ANY OTHER CONDITIONS THAT THIS HONBLE COURT MAY DEEMS FIT UNDER THE CIRCUMSTANCES ARISING IN CRIME NO.1/2026 OF GONIKOPPA POLICE, REGISTERED ON 01.01.2026 FOR THE OFFENCE P/US/ 103(1) R/W SEC.3(5),61(3),54 OF BNS WHICH IS PENDING BEFORE THE CIVIL JUDGE (Jr.Dn.) AND JMFC PONNAMPET, KODAGU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25797 CRL.P No. 2649 of 2026 ORAL ORDER 1. Accused no.5 in SC.No.5008/2026 pending before the court of II Addl. District and Sessions Judge, Kodagu- Madikeri (sitting at Virajpet) arising out of Crime No.1 2026 registered by Gonikoppa police station for the offence punishable under Section 103(1) R/w Section 3(5) of BNS, 2023 is before this Court in this petition filed under section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent - State. 3. FIR in Crime no.1/2026 was registered by Gonikoppa Police Station initially for the offence punishable under Section 103(1) R/w Section 3(5) of BNS, 2023 against Poornachandra gouda and others based on the first information dated 01.01.2026 received from Smt. Soujath K M who is the wife of deceased Niwaj K. E. During the course of investigation, petitioner was arrested on 02.01.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against five persons and the petitioner herein is arraigned as accused no.5 in the charge sheet. His bail - 3 - HC-KAR NC: 2026:KHC:25797 CRL.P No. 2649 of 2026 application before the trial Court in Crl.Misc.no.5021/2026 was rejected on 28.01.2026. Therefore, he is before this Court. 4. Material on record would go to show that in the FIR registered in the present case the petitioner's name is not found. Wife of the deceased has submitted first information and allegations are made against the named accused in the FIR since she suspected their hand in the death of her husband. During the course of investigation, the petitioner and other accused were arrested in the present case and after completing investigation, charge sheet has been filed against five persons. 5. As per charge sheet allegations accused no.2, who is the wife of accused no.1 had illicit relationship with deceased Niwaj and she had abandoned her husband and was residing with Niwaj. Therefore, accused no.1 had approached the police and filed a complaint. Accused no.2, who is the wife of accused no.1 had subsequently appeared before the police and had stated that she had gone to Kerala for the purpose of her work. Subsequently, accused no.2 had abandoned Niwaj and started residing with her husband accused no.1. Thereafter, Niwaj started coming near the house of accused no.2 and was - 4 - HC-KAR NC: 2026:KHC:25797 CRL.P No. 2649 of 2026 pestering her to continue their relationship though she had not agreed for the same. She had therefore informed about the conduct of Niwaj to her husband who had thereafter conspired with other accused persons to commit the murder of Niwaj. On 31.12.2025 accused no.1, 3 and 4 armed with clubs were waiting near the house of accused no.1 for arrival of Niwaj, who was allegedly summoned by accused no.2. At about 11.27 p.m, when Niwaj came near the house of accused no.2, accused no.1, 3 and 4 who were waiting for his arrival allegedly assaulted him with clubs and as a result Niwaj who had sustained grievous injuries was subsequently shifted to hospital, but had died while undergoing treatment. 6. There is no allegation as against the petitioner herein about he assaulting the deceased in the alleged incident that had taken place on 31.12.2025. The allegation as against the petitioner is that he had locked the door of the car belonging to Niwaj in which he had arrived to the house of accused no.2 and had prevented him from escaping from the spot, when accused nos.1, 3 and 4 were assaulting him. - 5 - HC-KAR NC: 2026:KHC:25797 CRL.P No. 2649 of 2026 7. It is not in dispute that the petitioner has no other criminal antecedents and he is working as a Manager in Dickson Coffee Works at Kunda grama, Gonikoppa taluka, Kodagu district. Investigation of the case is complete and charge sheet is already filed. The other accused persons who allegedly had assaulted deceased Niwaj are all arrested and remanded to judicial custody. Under the circumstances, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in SC.No.5008/2026 pending before the court of II Addl. District and Sessions Judge, Kodagu-Madikeri (sitting at Virajpet) arising out of Crime No 1/2026 registered by Gonikoppa police station for the offence punishable under Section 103(1) R/w Section 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One - 6 - HC-KAR NC: 2026:KHC:25797 CRL.P No. 2649 of 2026 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 67