- 1 - HC-KAR NC: 2026:KHC:27365 CRL.P No. 694 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 694 OF 2026 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI MALLESH S/O SHIVANNA, AGED ABOUT 30 YEARS, R/AT MUNGANAHALLI HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563 129. …PETITIONER (BY SRI. DEVENDRA.N, ADVOCATE) AND: STATE OF KARNATAKA BY BATLAHALLI POLICE STATION, CHIKKABALLAPUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CC. NO. 108/2025 IN CRIME NO. 0041/2025 OF BATLAHALLI POLICE STATION, CHIKKABALLAPUR DISTRICT (RESPONDENT HEREIN) ON THE FILE OF PRL. CIVIL JUDGE (SR. DN) AND JMFC, CHINTAMANI, CHIKKABALLAPUR FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 115 (2), 118 (1), 189 (2), 126(2),191 (2), 191 (3), 352, 351 (2), 109, 103 (1), 54 AND Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27365 CRL.P No. 694 of 2026 61 (2) R/W SECTION 190 OF THE BHARATIYA NYAYA SANHITHA, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in S.C.No.64/2025 pending before the Court of II Additional District and Sessions Judge, Chikkaballapura (sitting at Chintamani) arising out of Crime No.41/2025 registered by Batlahalli Police Station, Chikkaballapura, for the offences punishable under 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) read with Section 190 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 the learned Additional SPP for the respondent - State. 3. FIR in Crime No.41/2025 is registered by the Batlahalli Police Station, Chikkaballapura, initially for the offences punishable under Sections 189(2), 191(2), 191(3), 352, - 3 - HC-KAR NC: 2026:KHC:27365 CRL.P No. 694 of 2026 351(2), 109, 103(1), 54 and 190 of BNS, 2023 against Jhon Babu and others based on the first information dated 13.04.2025 received from Ganganna, who is the uncle of the deceased – Prathap. Petitioner was arraigned as accused No.8 in the FIR. Police after completing investigation has filed charge sheet in the present case against 9 accused persons. Petitioner is arraigned as accused No.3 in the charge sheet. He was arrested in the present case on 18.10.2025. His regular bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.395/2025 was rejected on 24.12.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the allegation against the petitioner is that he had assaulted CW-2, who has suffered only simple injuries in the incident in question. Petitioner has no criminal antecedents. Accused Nos.4 and 7 to 9 have been granted regular bail by this Court. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional SPP, who has opposed the petition submits that CW-2 is the injured eyewitness and CW-3 - 4 - HC-KAR NC: 2026:KHC:27365 CRL.P No. 694 of 2026 to CW-10 are also eyewitnesses to the alleged incident. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that, there is a property dispute between CW-4, his family members and the accused persons with regard to pathway near their house. In this background, they had fought against each other and multiple civil and criminal cases are registered against each other. Under said circumstances, accused persons allegedly had vengeance against CW-4 and his family members. On 08.03.2025, accused persons had gathered near the house of accused No.6 – Vijay and conspired to commit the murder of Prathap, Mallesh and LIngamaiah. In furtherance of such a conspiracy, on 13.04.2025, at about 6.30 p.m., accused persons formed an unlawful assembly and went near the house of CW-3 and quarreled with Prathap. When accused No.1 tried to stab Prathap with knife, he allegedly escaped. Accused No.4 who was present there, allegedly caught hold of Prathap and accused No.1 stabbed Prathap with a knife on his chest and caused fatal injuries. Accused No.5 – Sainatha allegedly caught hold of Lingamaiah, who was also present there and accused - 5 - HC-KAR NC: 2026:KHC:27365 CRL.P No. 694 of 2026 No.2 - Mahimaraju allegedly stabbed Lingamaiah and caused fatal injuries. 7. In the said incident, Prathap and Lingamaiah died at the spot. CW-2-Sagar had tried to intervene and at that time, accused No.2 allegedly assaulted him with a knife. Further, petitioner, who was also present near the spot of crime, allegedly assaulted CW-2 and caused injury to him. It is not in dispute that CW-2 Sagar has suffered only simple injuries on his body. Accused Nos.1 and 2, who had caused fatal injuries on the deceased have been arrested and they are in custody. Accused No.4 has been granted regular bail by this Court in Crl.P.No.17210/2025 and accused Nos.7 to 9 were granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.231/2025 by order dated 24.07.2025. It is not in dispute that the petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.64/2025 pending before the Court of - 6 - HC-KAR NC: 2026:KHC:27365 CRL.P No. 694 of 2026 II Additional District and Sessions Judge, Chikkaballapura (sitting at Chintamani) arising out of Crime No.41/2025 registered by Batlahalli Police Station, Chikkaballapura, for the offences punishable under Sections 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) read with Section 190 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 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 MDS; List No.: 1 Sl No.: 28