- 1 - HC-KAR NC: 2026:KHC:33645 CRL.P No. 7005 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7005 OF 2026 BETWEEN: 1. SRI. GANTAPPA S/O LATE MALURU MUNISHAMAPPA, AGED ABOUT 80 YEARS, R/AT KONAGINABELE VILLAGE, CHANNARAYAPATNA HOBLI, BENGALURU RURAL DISTRICT - 562 135. 2. MAHESH S/O NARAYANAPPA, AGED ABOUT 46 YEARS, R/AT KONAGINABELE VILLAGE, CHANNARAYAPATNA HOBLI, BENGALURU RURAL DISTRICT - 562 135. 3. SRI. MAJI NARAYANASWAMY, S/O MUNIYAPPA, AGED ABOUT 58 YEARS, R/AT KONAGINABELE VILLAGE, CHANNARAYAPATNA HOBLI, BENGALURU RURAL DISTRICT - 562 135. …PETITIONERS (BY SRI. NANJUNDA GOWDA M R., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33645 CRL.P No. 7005 of 2026 AND: THE STATE OF KARNATAKA, BY CHENNARAYAPATANA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.AMBEDKER VEEDHI, BENGALURU-560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON REGULAR BAIL IN C.C.1/2026 CRIME.NO.861/2026 ARISING OUT OF CHANNARAYANAPATANA POLICE FOR THE OFFENCE PUNISHABLE UNDER SEC. 103 R/W 3(5) OF BNS, 2023 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN), JMFC, DEVANAHALLI BENGALURU RURAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 3 in Cr.No.1/2026 registered by Chennarayapatana Police Station, Bangalore Rural District for the offence punishable under Section 103 read with Section 3(5) of BNSS, 2023 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. - 3 - HC-KAR NC: 2026:KHC:33645 CRL.P No. 7005 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.1/2026 was registered by Chennarayapatana Police Station, Bangalore Rural District for the aforesaid offences against the petitioners and another, based on the first information dated 02.01.2026 received from Anandamma, mother of deceased - Manoj Kumar. In the said case, petitioners herein were arrested on 03.01.2026, and remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and petitioners herein are arraigned as accused No.1 to 3 in the charge sheet. Their bail application filed before the trial Court in Crl.Misc.No.15067/2026 was rejected on 16.04.2026. Therefore, they are before this Court. 4. In respect of the alleged incident that had taken place at about 01.00 p.m. on 01.01.2026, first information was belatedly submitted on 02.01.2026 at about 03.30 p.m., which is after a delay of more than 24 hours. From - 4 - HC-KAR NC: 2026:KHC:33645 CRL.P No. 7005 of 2026 the reading of the first information as well as the charge sheet which is now filed against four persons, it appears that deceased was a stranger to the accused persons and for the reason that he had attempted to commit theft of some articles from the agricultural land of the petitioners herein, he was allegedly assaulted by the accused persons at about 01.00 p.m. on 01.01.2026. After the alleged incident, Manoj Kumar, who had suffered injuries had returned home and slept in his house. On the next day, in his house, he had complained about pain and at about 10.00 a.m. on 02.01.2026, he had died in his house. Subsequently, his mother had approached the police and based on her first information, FIR was registered against the petitioners herein and another. 5. Accused No.1 is aged about 80 years, accused No.2 is said to be his son, accused No.4 is the wife of accused No.2 and accused No.3 is from the very same village and he is aged about 58 years. Though, CW-1 to CW-5 are the alleged eye witnesses to the incident in - 5 - HC-KAR NC: 2026:KHC:33645 CRL.P No. 7005 of 2026 question, the fact remains that after the alleged incident, none of them had approached the police and it is only after Manoj Kumar had died in his house on 02.01.2026, his mother had approached the police. Be that as it may, the fact remains that accused persons had no ill-will or vengeance against the deceased and only for the reason that he had attempted to commit theft of some articles from their agricultural property, they had assaulted him and Manoj Kumar, who allegedly had suffered injury in the said incident had died in his house on the next day. 6. It is not in dispute that petitioners who are agriculturalists do not have any criminal antecedents. Investigation of the case is completed and charge sheet is filed. Their presence in custody is not required by the prosecution for any purpose. Accused No.4 has been granted regular bail by the jurisdictional Sessions Court. 7. Under the circumstances, I am of the opinion that even the petitioners' prayer for grant of regular bail, - 6 - HC-KAR NC: 2026:KHC:33645 CRL.P No. 7005 of 2026 needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: ORDER The criminal petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.1/2026 of Chennarayapatana Police Station, Bangalore Rural District, for the offences punishable under Section 103 read with Section 3(5) of BNSS, 2023, subject to the following conditions: a) Petitioners shall execute 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 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; - 7 - HC-KAR NC: 2026:KHC:33645 CRL.P No. 7005 of 2026 d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE MCR List No.: 1 Sl No.: 77