- 1 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 686 OF 2026 (U/S 14(A) (2)) BETWEEN: 1. SANDEEP K L S/O LATE KRISHNAPPA AGED ABOUT 27 YEARS R/AT AVADADENAHALLI VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU-562 106. …APPELLANT (BY SMT. N PADMAVATHI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SURYANAGAR POLICE STATION REP BY: STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. PADMARAJU S/O LATE THIMMAIAH AGED ABOUT 55 YEARS R/AT MARASOOR VILLAGE (INDIRANAGAR), KASABA HOBLI ANEKAL TALUK BENGALURU-562 106. …RESPONDENTS (BY SRI THEJESH P, HCGP FOR R1 SRI ANIRUDH CHAMUNDA, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 THIS CRL.A IS FILED UNDER SECTION 14(A)2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 02.04.2026 PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, AND SPL.JUDGE BENGALURU RURAL DISTRICT BENGALURU IN SPL.C.No.342/2024, AGAINST THE APPELLANT FOR THE OFFENCE PUNISHABLE UNDER SECTION 302,201,120(B),109,143,144,149 OF IPC AND SECTION 3(2)(VA) OF SC/ST ATROCITIES ACT 1989. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by appellant/accused No.2 praying to set-aside the order dated 02.04.2026 passed by the II Addl.District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru in Spl.C.No.342/2024 wherein the bail application of appellant/accused No.2 sought in respect of Crime No.109/2024 of Suryanagar Police Station for the offences under Sections 302, 201, 120B, 109, 143, 144 r/w 149 of the Indian Penal Code and Section 3(2)(v) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 came to be rejected. - 3 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 2. Heard learned counsel for appellant/accused No.2, learned HCGP for respondent No.1/State and learned counsel respondent No.2. 3. The case of the prosecution is that the deceased Vijaykumar and one Yashwanth were accused in murder case of one Manoj @ Bablu who is brother of accused No.1. They were in judicial custody in the said murder case and have been released after disposal of said murder case. Accused Nos.8 and 9 disclosed to accused No.1 that deceased –Vijaykumar intends to kill accused No.1 and also abetted accused No.1 to commit murder of deceased –Vijaykumar. Accordingly, accused No.1 hatched criminal conspiracy with accused Nos.2 to 7 to commit murder of deceased –Vijaykumar. On 25.02.2024 between 3.30 a.m to 4.00a.m. when deceased –Vijaykumar was in the house in Marasur village, accused Nos.2 and 5 went near the house of Vijaykumar and confirmed his presence in the house and thereafter, accused Nos.3 and 5 brought Vijaykumar to road in front of water tank in Indiranagar, - 4 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 Marasur Village. Accused No.3 caught hold of Vijaykumar while accused Nos.1 and 2 assaulted deceased – Vijaykumar with long chopper, accused No.4 also assaulted deceased –Vijaykumar with chopper and committed murder of said Vijaykumar. Accused Nos.6 and 7 stood as guard at the scene of offence at the time of incident. After investigation charge sheet has been filed against accused persons for the aforesaid offences. 4. Appellant/accused No.2 earlier had challenged his rejection of bail application in Crl.A.No.1715/2024 before this Court and the said appeal came to be dismissed by judgment dated 17.12.2024. In the said order appellant/accused No.2 was given liberty to file fresh bail application after receipt of C.D. containing CCTV footage. After receipt of CCTV footage and FSL report, appellant/accused No.2 filed bail application before the trial Court and it came to be rejected by the impugned order. - 5 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 5. Learned counsel for the appellant/accused No.2 would contend that CW.4 who is stated to be the only eye witness to the incident has not identified this appellant/accused No.2 as one of the assailants. He has only identified accused No.1 in the police station stating his presence and his overt acts. Accused No.4 who is alleged to have assaulted deceased with machete on his back has been granted bail by this Court in Crl.A.No.2515/2025 by order dated 02.02.2026. The alleged CCTV footage only contains the presence of appellant/accused No.2. The appellant/accused No.2 is in judicial custody since more than two years. The case is at the stage of framing of charge. With this she prayed to allow the appeal. 6. Per contra, learned HCGP for respondent No.1 would contend that this is a successive bail application filed by appellant/accused No.2. Accused Nos.1 to 4 assaulted the deceased with long chopper on his head and caused injury on his head. P.M. report indicates that the - 6 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 death is due to skull fracture. There is a recovery of weapon at the instance accused No.2. The charge sheet material shows prima-facie case against appellant/accused No2 for the offences alleged against him. The CCTV footage contains presence of this appellant/accused No.2 on the spot at the time of the accident. There are no new grounds for grant of bail. With this he prayed to dismiss the appeal. 7. Learned counsel for respondent No.2 would contend that CW.4 is the eye witness to the incident and he has identified accused No.1 and stated that there are other persons present on the spot at the time of incident and they have assaulted the deceased. P.M.report indicates that the death of deceased was as a result of injury to his head. The CCTV footage indicates presence of appellant/accused No.2 on the spot with others. Mahazar has been drawn on the spot and at the instance of appellant/accused No.2 wherein cloths of the deceased were burnt. The charge sheet material shows prima-facie - 7 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 case against accused No.2 for the offences alleged against him. With this he prayed to dismiss the appeal. 8. Having heard the learned counsels, this Court has perused the impugned order and other materials placed on record. 9. As per the charge sheet the accusation is that accused No.3 held deceased Vijaykumar and accused Nos.1, 2 and 4 assaulted with long chopper and committed murder of the said Vijaykumar. Column No.17 of the charge sheet indicates that this appellant/accused No.2 assaulted the deceased with long chopper on his head. PW.4 is the eye witness to the incident who has stated in his statement he witnessing the incident and assault by three accused persons to the deceased. CW.4 has not identified this appellant/accused No.2 when he was shown to him in police station but he has identified only accused No.1. The CCTV footage seized under mahazar only indicate the presence of this appellant/accused No.2 near the spot. Appellant / accused No.2 is in judicial custody - 8 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 since more than two years and case is still at the stage of framing charge. Considering this aspect there are grounds for grant of bail. The trial Court has erred in rejecting the bail application of the appellant/accused by the impugned order. 10. In view of the above, the following: ORDER (i) Appeal is allowed. (ii) The order dated 02.04.2026 passed in Spl.C.No.342/2024 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru rejecting the bail application of the appellant/accused No.2 in respect of Crime No.109/2024 of Suryanagar Police Station is set-aside and his bail application stands allowed subject to following: (a) Appellant/accused No.2 shall execute a bail bond for a sum of Rs.2,00,000/- with two - 9 - HC-KAR NC: 2026:KHC:33022 CRL.A No. 686 of 2026 sureties for the like-sum to the satisfaction of the trial Court. (b) Appellant/accused No.2 shall not tamper or threaten the prosecution witnesses. (c) Appellant/accused No.2 shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. (d) Appellant/accused No.2 shall not commit similar offence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 50