- 1 - HC-KAR NC: 2026:KHC:29792 CRL.P No. 6173 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6173 OF 2026 BETWEEN: 1. SMT. ANITHA W/O MAHESH @ B.H. MAHESH AGED ABOUT 39 YEARS. 2. SRI AKASH M W/O MAHESH @ B.H.MAHESH AGED ABOUT 22 YEARS. BOTH ARE RESIDING AT VINAYAKANAGARA EXTENSION, HANURU TOWN CHAMARAJANAGARA DISTRICT - 571 439. …PETITIONERS (BY SRI RAJANNA C, ADV.) AND: STATE OF KARNATAKA BY HANURU POLICE STATION HANURU TOWN, CHAMARAJANAGARA DISTRICT REPRESENTED BY ITS S.P.P. HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.240/2025 (S.C.NO.5010/2026) OF HANURU P.S. HANURU TOWN AND TALUK FOR AN ALLEGED OFFENCE P/U/S 61(2)(a),103(1),238(a) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF ADDL.DIST. AND SESSIONS JUDGE CHAMARAJANAGARA (SITTING AT KOLLEGALA) CHAMARAJANAGARA DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29792 CRL.P No. 6173 of 2026 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 nos.1 & 2 in S.C.No.5010/2026 pending before the Court of Addl. District & Sessions Judge, Chamarajanagara, sitting at Kollegala, arising out of Crime No.240/2025 registered by Hanur Police Station, for the offences punishable under Sections 61(2)(a), 103(1), 238(a) read with 3(5) of BNS, 2023, are before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.240/2025 was registered by Hanur Police Station, for the aforesaid offences against the petitioners herein based on the first information dated 27.11.2025 received from K.Rajugowda - brother of deceased Krishnegowda. In the said case, petitioners herein who are arrayed as accused nos.1 & 2 were arrested on 01.12.2025. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Their bail application filed before the Trial Court in - 3 - HC-KAR NC: 2026:KHC:29792 CRL.P No. 6173 of 2026 Crl. Misc. No.5030/2026 was rejected on 28.03.2026. Therefore, they are before this Court. 4. Material on record would go to show that the dead body of deceased Krishnegowda was found on 16.11.2025 behind his house by his relatives. Thereafter, the said body was buried and subsequently on 19.11.2025, first informant Rajugowda had submitted a complaint to the police suspecting the accused for the death of his brother Krishnegowda, since he had found that certain phone calls and messages in the mobile phone of the deceased were deleted. Therefore, a UDR case was registered on 19.11.2025 and the dead body of the deceased was exhumed and forwarded for the purpose of conducting postmortem of the said dead body. On 27.11.2025, Rajugowda had submitted yet another complaint stating that he was informed by P.Somanna that he had seen the deceased and accused no.2 traveling in a motor bike on 15.11.2025 and on verification from the mobile phone, he found that there were certain calls made by accused no.1 to the deceased, and therefore, he suspected the hand of the accused in the death of his brother, and accordingly had approached the police. - 4 - HC-KAR NC: 2026:KHC:29792 CRL.P No. 6173 of 2026 5. During the course of investigation, petitioners herein were arrested and remanded to judicial custody. In the charge sheet which is now filed, it is alleged that accused no.1 had borrowed money from the deceased and had not repaid the same. Since he was demanding repayment of money, accused nos.1 & 2 who are mother and son, had decided to eliminate Krishnegowda and in furtherance of their conspiracy, accused no.1 had invited the deceased to her house and after he came along with accused no.2 to her house in a motor bike, she allegedly gave him some juice mixed with sleeping tablets and after consuming the same, Krishnegowda lost his consciousness. Thereafter, accused nos.1 & 2 allegedly smothered him to death and subsequently disposed the dead body near his house. The postmortem report states that the cause of death could not be determined as the dead body was highly decomposed. Therefore, the entire case of the prosecution is based on circumstantial evidence. 6. Petitioners have no criminal antecedents. Investigation of the case is completed and charge sheet has been filed. The trial in the case is yet to commence. Under the circumstances, I am - 5 - HC-KAR NC: 2026:KHC:29792 CRL.P No. 6173 of 2026 of the opinion that petitioners' prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.5010/2026 pending before the Court of Addl. District & Sessions Judge, Chamarajanagara, sitting at Kollegala, arising out of Crime No.240/2025 registered by Hanur Police Station, for the offences punishable under Sections 61(2)(a), 103(1), 238(a) read with 3(5) of BNS, 2023, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2026:KHC:29792 CRL.P No. 6173 of 2026 d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK