- 1 - HC-KAR NC: 2026:KHC:14188 CRL.P No. 367 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 367 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SURYA @ SURYAKUMAR @ SURYA KUMAR S/O CHANDRAPPA, AGED ABOUT 23 YEARS, R/AT VIGNESHWARA NAGARA, SUKNADAKATTI MAGADI ROAD, BENGALURU CITY, PIN 560019, PERMANENTLY R/AT SIDDAPALAPALYA ANNEKALA, BENGALURU SOUTH - 562 106 2. CHANDAN @ CHANDAN KUMAR S/O RAJANNA, AGED ABOUT 25 YEARS, R/AT KAGALLIDODDI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT - 571 401 …PETITIONERS (BY SRI. SHARATH J M.,ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14188 CRL.P No. 367 of 2026 AND: 1. STATE OF KARNATAKA BY M K DODDI POLICE STATION, REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT BENGALURU – 560 001 …RESPONDENT (BY SMT. ANITHA GIRISH.N., HIGH COURT GOVERNMENT PLEADER) THIS 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 RELEASED THEM ON BAIL, WHO ARE ACCUSED NO.4 AND 6 IN CRIME NO.84/2025 REGISTERED BY RESPONDENT M.K DODDI POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1),61(2),238,190 OF B.N.S.2023, NOW PENDING ON THE FILE OF III ADDL. DIST AND SESSIONS JUDGE, RAMANAGARA, IN RESPECT OF PETITIONERS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14188 CRL.P No. 367 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioners herein who are arrayed as accused Nos.4 and 6 in Crime No.84/2025 filed by the respondent-Police for the offences punishable under Section 103(1), 61(2), 238 read with 190 of Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that the father of the deceased had lodged a complaint stating that he is the resident of Makali Village, Channapatna Taluk, Bangalore South and he has two male children and they are married. The complainant had performed the marriage of his son namely Lokesh with accused No.1. The deceased – Lokesh was former member of Grama Panchayat. After the marriage, both accused No.1 and deceased – Lokesh were staying at Bangalore. - 4 - HC-KAR NC: 2026:KHC:14188 CRL.P No. 367 of 2026 3. It is stated that the deceased Lokesh used to visit Grama Panchayat often to perform his work. Accused No.1 is also a sitting member of said Gram Panchayat. The wife of deceased Lokesh was leaving her children to tuition where she had developed intimacy with accused No.2- Yogisha. 4. It is further stated that, both accused Nos.1 and 2 having illicit relationship. The said fact came to the knowledge of the deceased Lokesh and he was not happy with his wife. The deceased Lokesh had intended to sell the property. Accused No.1 thought that her husband was intentionally selling the property in order to deceive her. There was frequent quarrel between the couple in respect of the said issue. 5. It is alleged that on 23.06.2025, the deceased Lokesh had left his son to the hostel and was returning to Makali Village. The said Lokesh had informed the complainant he was coming to Makali on that day. As the - 5 - HC-KAR NC: 2026:KHC:14188 CRL.P No. 367 of 2026 Lokesh had not reached even after evening, the complainant being a father of the said Lokesh started searching the whereabouts of his son. After sometime, he has learnt that, his son had consumed poison and he became unconscious and he was lying in the car. He went to the spot along with his children and relatives and saw the deadbody. 6. Hence, the complaint. Based on the complaint, the respondent police have registered a case and conducted investigation and submitted the charge sheet. 7. Heard Sri. Sharath J.M., learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent. 8. Learned counsel for the petitioner submits that the petitioners are innocent of the alleged offences. The entire case is based on circumstantial evidence. Though, it is alleged that, the present petitioners were in the car and made the deceased to consume poison. However, there is - 6 - HC-KAR NC: 2026:KHC:14188 CRL.P No. 367 of 2026 no direct evidence to substantiate the same. The petitioners are falsely implicated in this case. Therefore, they may be enlarged by bail by imposing suitable conditions. They would abide the conditions imposed by this Court in the event of their release on bail. 9. Per Contra, the learned High Court Government Pleader for respondent vehemently submitted that even though, the case is based on circumstantial evidence, the facts remain that the involvement of the present petitioner is established. The circumstances are strong enough to file necessary charge sheet against the petitioner, accordingly, the charge sheet has been filed. Therefore, it is not appropriate to grant them bail since it is a heinous offence. Making such submissions, the learned High Court Government Pleader prays to reject the petition. 10. Heard learned counsel for the respective parties and perused of the averments of the charge-sheet. The entire case is based on circumstantial evidence. Though, it - 7 - HC-KAR NC: 2026:KHC:14188 CRL.P No. 367 of 2026 is alleged that the petitioners along with others forcibly made the deceased to consume poison, the said aspect has been narrated by the other co-accused. Having considered the said aspect, it is appropriate to grant them bail by imposing suitable conditions. 11. Considering the facts and circumstances of the case, it is appropriate to grant bail to the petitioners herein by imposing suitable conditions. 12. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioners/accused No.4 and 6 are enlarged on bail in Crime No.84/2025 filed by the respondent-Police for the offences punishable under Section 103(1), 61(2), 238 read with 190 of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- each - 8 - HC-KAR NC: 2026:KHC:14188 CRL.P No. 367 of 2026 with one (01) surety each to the like sum of the satisfaction of the Trial Court. iii. The petitioners/accused No.4 and 6 shall not commit any similar offence till disposal of the present case. iv. The petitioners/accused No.4 and 6 shall appear before the Trial Court on all hearing dates, without fail. v. The petitioners/accused No.4 and 6 shall not tamper the prosecution witnesses. In case, if, the petitioners/accused No.4 and 6, violates any of the bail conditions imposed by this Court stated supra, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM