- 1 - HC-KAR NC: 2026:KHC:33906 CRL.P No. 5072 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5072 OF 2026 BETWEEN: SHARATHKUMAR K @ SHARATH S/O MANTELINGACHARI AGED ABOUT 29 YEARS R/O ETHAGERE VILLAGE MANDYA TALUK MANDYA DISTRICT PIN CODE - 571401 …PETITIONER (BY SRI.LAKSHMIKANTH K, ADVOCATE) AND: STATE OF KARNATAKA BY KIRUGAVALU POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/SEC.439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE HIM ON BAIL WHO IS ACCUSED NO.4 IN CR.NO.83/2025 REGISTERED BY Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33906 CRL.P No. 5072 of 2026 RESPONDENT KIRUGAVALU P.S. FOR THE OFFENCE P/U/SEC. 103, 307, 331(4), 305, 238, 61(2) R/W 190 OF BNS AND SEC.177 OF INDIAN MOTOR VEHICLES ACT NOW PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C AT MALAVALLI IN C.C.NO.617/2025 AND ETC. 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 No.4 in Crime No.83/2025 registered by Kirugavalu Police Station, Halaguru Circle, Mandya District, for the offences punishable under Sections 103, 307, 331(4), 305, 238, 61(2) r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS, 2023”) and Section 177 of the Indian Motor Vehicles Act, 1988 (for short “the M.V. Act”) is before this Court in this petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. - 3 - HC-KAR NC: 2026:KHC:33906 CRL.P No. 5072 of 2026 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent - State. 3. FIR in Crime No.83/2025 was registered by the Kirugavalu Police Station, initially for the offences punishable under Section 103, 307, 331(4), 305, of BNS, 2023 against unknown persons based on the first information dated 17.08.2025 received from Sri.Rudraswamy. During the course of investigation, the petitioner herein was arrested on 21.08.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused No.4 in the charge sheet. Bail application filed by the petitioner herein before the trial Court in Crl.Misc.No.135/2026 was rejected on 27.02.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the allegation as against accused Nos.4 and 5 is similar in - 4 - HC-KAR NC: 2026:KHC:33906 CRL.P No. 5072 of 2026 the charge sheet. Accused No.5 has been granted regular bail by this Court in Crl.P.No.4755/2026. The petitioner has no other criminal antecedents and he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition, however does not dispute the submission made by the learned counsel for the petitioner. 6. Accused No.5 has been granted regular bail by this Court in Crl.P.No.4755/2026, which was disposed of on 18.06.2026. In paragraph Nos.6 and 7 of the order passed in Crl.P.No.4755/2026, it is observed as follows; "6. The charge sheet material would reveal that the accused persons, who are in the habit of gambling, were in debt and therefore, they had conspired to commit robbery in Mahalakshmi Jewellery Shop and in furtherance of such conspiracy, on the intervening night of 16.08.2025 and 17.08.2025, they had arrived near the spot of crime in a vehicle and had brought gas cutter along with them. According to the prosecution, accused Nos.2 and 3 were given the task of cutting the rolling shutters of the shop, while the other accused - 5 - HC-KAR NC: 2026:KHC:33906 CRL.P No. 5072 of 2026 persons were keeping watch. In the charge sheet, it is alleged that after hearing the noise, the deceased, Madappa, who was in his hotel, which is opposite to the Jewellery Shop, came out of the Hotel. Accused No.1 allegedly held Madappa and closed his mouth with his hand and thereafter, accused Nos.3, 4 and 5 lifted Madappa and smothered him to death. Subsequently, the accused persons committed robbery of gold and silver articles worth Rs.11,16,000/- and escaped from the spot. 7. During the course of investigation, five persons were arrested in the present case and the petitioner is arrayed as accused No.5 in the charge sheet. The Police have recovered stolen articles at the instance of accused No.2. Even in the CCTV footages, which are collected by the Police during the course of investigation, only the presence of accused Nos.1 and 2 is found. It is not in dispute that the petitioner has no criminal antecedents and there is no recovery of any article from him, which were stolen from the Mahalakshmi Jewellery Shop on the alleged date of incident. The petitioner is aged 22 years and except the confession statement of the petitioner and co-accused, there is no other strong material to connect the petitioner to the crime at this stage. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively." - 6 - HC-KAR NC: 2026:KHC:33906 CRL.P No. 5072 of 2026 7. It is not in dispute that the petitioner has no other criminal antecedents. He has undertaken to abide by the conditions that may be imposed by this Court. Under these circumstances, the prayer made by the petitioner needs to be answered affirmatively on the ground of parity. Accordingly, the following; ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.83/2025 registered by Kirugavalu Police Station, Halaguru Circle, Mandya District, for the offences punishable under Sections 103, 307, 331(4), 305, 238, 61(2) r/w Section 190 of the BNS, 2023 and Section 177 of the M.V. Act, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2026:KHC:33906 CRL.P No. 5072 of 2026 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; 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 NBM List No.: 1 Sl No.: 56