- 1 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1561 OF 2026 BETWEEN: 1. ASHOKA K @ ARUNA S/O LATE KRISHNEGOWDA AGED ABOUT 45 YEARS, OCC. CAR DRIVER, R/O KUMBARANAHALLI VILLAGE, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573116 2. VIJAYA RAJKUMAR @ KARTHI S/O YELANGOVAN, AGED ABOUT 24 YEARS, OCC. LABOURER, R/O NO.114, M.G.R. NAGAR THUTHIPATTU VILLAGE, AMBURU TALUK, VELLORE DISTRICT, TAMILNADU - 635811 …PETITIONERS (BY SRI. P.B. UMESH FOR SRI R.B.DESHPANDE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHANNARAYAPATNA RURAL POLICE STATION, CHANNARAYAPATNA SUB-DIVISION, HASSAN DISTRICT - 573116 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 BENGALURU - 560001) …RESPONDENT (BY SRI. RANGASWAMY R. HCGP ) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS/ACCUSED NO.1 AND 3 ON BAIL IN SESSIONS CASE NO. 95/2025 PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, SITTING AT CHANNARAYAPATNA (CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 103(1), 238, 241, 54, 3(5) OF BNS-2023 (CORRESPONDING PROVISIONS: SECTIONS 120(B), 302, 201, 204 114 R/W 34 IPC) IN CRIME NO. 11/2025 OF CHANNARAYAPATNA RURAL POLICE STATION HASSAN DISTRICT), PENDING THE TRAIL 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 1. Accused Nos.1 and 3 in SC No.95/2025 pending before the Court of IV Additional District and Sessions Judge, Hassan, sitting at Channarayapatna, arising out of Crime No.11/2025 registered by Channarayapatna Rural Police Station, Hassan, for offences punishable under - 3 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 Section 61(2), 103(1), 238, 241, 54, 3(5) of BNS-2023, are before this Court in this petition filed under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.11/2025 was registered by Channarayapatna Rural Police Station, Hassan, for offence punishable under Section 103(1) of BNS, 2023 against petitioners herein and others based on the first information dated 17.01.2025 received from Suresha, brother-in-law of deceased Lokesha. In the said case, accused No.1 was arrested on 01.02.2025, accused No.3 was arrested on 22.01.2025 and were remanded to judicial custody. After completing investigation charge sheet was filed against four persons and petitioners are arrayed as accused Nos.1 and 3 in the charge sheet. Their bail applications filed before the trial Court in SC No.95/2025 was rejected on 20.12.2025. Therefore, they are before this Court. - 4 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 4. Learned counsel for the petitioners submits that entire case of the prosecution is based on circumstantial evidence. Petitioners do not have any criminal antecedent and there is no recovery at their instance. Accused Nos.2 and 4 have been granted regular bail by this Court. As on this date, seven charge sheet witnesses are examined as PW1 to PW7. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that the petitioners may tamper with the prosecution witnesses. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition submits that accused No.1 had illicit relationship with accused No.2 who was the wife of the deceased. It is under these circumstances, accused persons had conspired to commit the murder of the deceased and on the alleged date, accused No.1, 3 and 4 had intercepted the milk van of the deceased and thereafter, accused Nos.1 and 3 had assaulted him with deadly weapons and committed his murder. Further he submits that as against - 5 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 accused No.2, a criminal case in Crime No.119/2022 was earlier registered for offences punishable under Sections 326, 323, 324, 504, 506 of IPC and accordingly, prays for dismissal of the petition. 6. FIR in the present case was filed against accused No.1 and others based on the first information submitted by the brother-in-law of the deceased, who suspected the hand of accused No.1 in the death of Lokesha since he allegedly had illicit relationship with accused No.2, who was the wife of deceased Lokesha. During the course of investigation, accused Nos.1 to 4 were arrested and after completing investigation charge sheet is filed. 7. As per the charge sheet allegations, after the deceased came to know about the illicit relationship between accused No.1 and 2, he allegedly had opposed the same and therefore, the accused persons allegedly conspired to commit the murder of deceased Lokesha. In - 6 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 furtherance of such conspiracy, on 16.01.2025, accused Nos.1,3, and 4 after knowing the whereabouts of Lokesha, had planted nailed wooden re-pieces on the road in which he was supposed to travel and were waiting nearby in a car bearing registration No. KA.13.C.0269. At about 8.00 p.m., the milk van of the Lokesha, who came in that way got punctured and while he was speaking over his mobile phone to somebody, accused Nos.1 and 3 came to the said spot and after throwing chilli powder on the face of deceased Lokesha, they allegedly assaulted him with long's and committed his murder. 8. The entire case of the prosecution is based on circumstantial evidence. The weapon used to commit the crime and other incriminating articles were all seized from the spot of crime. Undisputedly, nothing incriminating has been recovered at the instance of the petitioners after they were arrested. Accused Nos.4 and 2 have been granted regular bail by this Court in Criminal Petition - 7 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 No.13522/2025 and Criminal Petition No.9443/2025 respectively. 9. It is brought to the notice of this Court that during the course of trial, prosecution has examined seven charge sheet witnesses as PW1 to PW7, who were said to be the material charge sheet witnesses. Submission made by learned counsel for the petitioners that PW6 and PW7 have not supported the case of the prosecution is not seriously disputed. Be that as it may, the fact remains that the petitioners are in custody in the present case for the last 01 year 6 months. Since material charge sheet witnesses are examined, there cannot be any apprehension that petitioners may tamper the said witnesses. Out of the 79 witnesses cited in the charge sheet, as on this date, only 07 charge sheet witnesses have been examined as PW1 to PW7 and therefore, the chances of the trial being completed and case being disposed of on merits in the near soon is very remote. Under the circumstances, I am of the opinion that a prayer - 8 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 of the petitioners for grant of regular bail needs to be answered in the affirmative subject to appropriate conditions. 10. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The petitioners are granted bail in Crime No. 11/2025 registered by Channarayapatna Rural Police Station, Hassan, pending in SC No.95/2025 on the file of learned IV Additional District and Sessions Judge, Hassan, Sitting at Channarayapatna, for offences punishable under Section 61(2), 103 (1), 238, 241, 54, 3(5) of BNS-2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 9 - HC-KAR NC: 2026:KHC:34587 CRL.P No. 1561 of 2026 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; 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE tsn* List No.: 1 Sl No.: 33