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2026 DAILYLAW 20977 (KAR)

SAINATHA B G v. STATE OF KARNATAKA

CRL.P/17272/2025 · 2026-06-12

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28436 CRL.P No. 17272 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 17272 OF 2025 BETWEEN: 1. SAINATHA B G S/O LATE GANGANNA, AGED ABOUT 20 YEARS, R/AT BATLAHALLI VILLAGE, MURGAMALL HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 123 … PETITIONER (BY SRI. RAMA MURTHY N., ADVOCATE) AND: 1. STATE OF KARNATAKA R/BY BATLAHALLI POLICE STATION THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. … RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P FILED U/S 483 BNSS, 2023, PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN C.C.NO.108/2025 (CR.NO.41/2025) REGISTERED BY RESPONDENT POLICE BATLAHALLI P.S. FOR THE OFFENCES P/U/S 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) R/W 190 OF BNS 2023 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28436 CRL.P No. 17272 of 2025 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) AND J.M.F.C CHINTAMANI. 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.5 in S.C.No.64/2025 pending before the Court of II Addl. District and Sessions Judge, Chikkaballapura (sitting at Chintamani) arising out of Crime No.41/2025 registered by Batlahalli Police Station 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 is before this Court under Section 483 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Additional SPP appearing on behalf of respondent - State. 3. FIR in Crime No.41/2025 was registered by Batlahalli Police Station, Chikkaballapura initially for the - 3 - HC-KAR NC: 2026:KHC:28436 CRL.P No. 17272 of 2025 aforesaid offences against Jhon Babu and others based on the first information dated 13.04.2025 received from Sri Ganganna, who is the uncle of deceased Pratap. In the said case, the petitioner-accused no.5 was arrested on 20.04.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed in the present case as against nine accused persons and the petitioner is arraigned as accused no.5 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.313/2025 was rejected on 30.10.2025. It is under these circumstances, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the allegations as against the petitioner and accused no.4 in the present case are similar. The petitioner has no other criminal antecedents and accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:28436 CRL.P No. 17272 of 2025 5. Per contra, learned Additional SPP appearing on behalf of respondent State, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that, there is a dispute between CW4, his family members and the accused persons with regard to the pathway near their house. In this background, they had fought against each other earlier and criminal cases were registered against both the parties before the jurisdictional Police. It is in this background the accused persons allegedly had conspired on 08.03.2025 to commit the murder of Pratap, Mallesh and Lingamaiah. 7. In furtherance of such conspiracy, on 13.04.2025 the accused persons formed unlawful assembly and went near the house of CW3 and quarreled with Pratap. The allegation of stabbing Pratap with a knife is found as against accused no.1, and accused no.4 - 5 - HC-KAR NC: 2026:KHC:28436 CRL.P No. 17272 of 2025 allegedly had caught hold of Pratap. The allegation of assaulting Lingamaiah with the weapon is found as against accused no.2 and the present petitioner who is arrayed as accused no.5 had allegedly caught hold of Lingmaiah. The accused nos.2 and 3 allegedly had also assaulted CW2 Sagar and caused simple injuries to him. 8. From the aforesaid facts, it is very clear that the allegation as against the petitioner and accused no.4 is similar. Accused no.4 - Vamshi has been granted regular bail by this Court in Criminal Petition No.17210/2025 disposed on 01.06.2026. Undisputedly, the petitioner has no other criminal antecedents. Except accused nos.1 and 2, all other accused persons have been enlarged on bail in the present case. Under the circumstances, I am of the opinion that the prayer made by the petitioner, who is aged about 20 years for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: - 6 - HC-KAR NC: 2026:KHC:28436 CRL.P No. 17272 of 2025 ORDER The petitioner-accused no.5 is directed to be enlarged on bail S.C.No.64 /2025 pending before the Court of II Addl. District and Sessions Judge, Chikkaballapura (sitting at Chintamani) arising out of Crime No.41/2025 registered by Batlahalli Police Station 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) r/w Section 190 of BNS, 2023, subject to the following conditions: a) The 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; - 7 - HC-KAR NC: 2026:KHC:28436 CRL.P No. 17272 of 2025 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 VGR