- 1 - HC-KAR NC: 2026:KHC:31173 CRL.P No. 5945 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5945 OF 2026 BETWEEN: SRI HEMANTHA K.D S/O DHANANJAYA K.R AGE ABOUT 26 YEARS R/AT MOLDARE SIGGAPURA KUSHALA NAGARA TALUK KODAGU DISTRICT. …PETITIONER (BY SRI PAPANNA T, ADV.) AND: THE STATE OF KARNATAKA BY KUSHALANAGARA RURAL POLICE STATION, KUSALANAGARA KODAGU DISTRICT. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE ON BAIL IN CR.NO.118/2025 (CC.NO.1338/2025) FOR THE OFFENCES P/U/S 61(2)(a),103(1),140(1),238(a) R/W 3(5) OF BNS, 2023, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC COURT, KUSHALANAGARA. 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.2 in Crime No.118/2025 registered by Kushalnagar Rural Police Station, Kodagu, for the offences punishable under Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31173 CRL.P No. 5945 of 2026 Sections 61(2)(a), 140(1), 103(1), 238(a) and 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 parties. 3. FIR in Crime No.118/2025 was registered by Kushalnagar Rural Police Station, Kodagu, as against one Chandrasekhar and others, based on the first information dated 19.07.2025 received from Ramachandra, police officer attached to Kushalnagar Police Station, Kodagu. In the said case, petitioner herein was arrested on 21.07.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.498/2025 was rejected on 06.11.2025. Therefore, he is before this Court. 4. Material available on record would go to show that accused No.1 is the son of the deceased. It appears that deceased was a handicapped person and on the alleged date of incident, accused No.1 and the other accused were taking the deceased in a car for the purpose of his treatment. However, deceased started shouting inside the car while he was being taken for the purpose of treatment. Therefore, accused persons allegedly assaulted him on his face with their hands and as a result, he became unconscious. Accused persons assumed that father of accused No.1 had died and therefore, they - 3 - HC-KAR NC: 2026:KHC:31173 CRL.P No. 5945 of 2026 disposed off his dead body in Cauvery river and returned home. After the dead body was recovered, a UDR case was registered. Subsequently, based on the police report, FIR has been registered against accused No.1 and others for the aforesaid offences. The entire case of the prosecution is based on circumstantial evidence. Accused No.1, as against whom similar allegation is found, has been granted regular bail by this Court in Crl.P.No.16861/2025 disposed off on 28.01.2016. Under the circumstances, the following order:- 5. The Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.118/2025 registered by Kushalnagar Rural Police Station, Kodagu, for the offences punishable under Sections 61(2)(a), 140(1), 103(1), 238(a) and 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/- 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; - 4 - HC-KAR NC: 2026:KHC:31173 CRL.P No. 5945 of 2026 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN/List No.: 1 Sl No.: 60