- 1 - HC-KAR NC: 2026:KHC:29995 CRL.A No. 589 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 589 OF 2026 (U/S 14(A) (2)) BETWEEN: 1. NANDAN, S/O LATE SURESH, AGED ABOUT 21 YEARS, R/AT MADHU REDDY BULDING, GOLLAHALLI, JIGANI HOBLI, ANEKAL TQ, BENGALURU DIST, KARNATAKA – 560 105. 2. MANJUNATH S/O LATE GANGANNA, AGED ABOUT 23 YEARS, R/AT SHEKARAPPA, NEAR THOPAMMA TEMPLE, HEBBAGODI TOWN, SARJAPURA HOBLI, ANEKAL TQ, BENGALURU DIST, KARNATAKA – 560 099. …APPELLANTS (BY SRI. MOHAMMED PASHA C., ADVOCATE) AND: 1. STATE OF KARNATAKA Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29995 CRL.A No. 589 of 2026 BY HEBBAGODI P.S, REP BY HCGP., HIGH COURT BUILDING, BANGALORE – 560 001. 2. P ESHWAR, S/O LATE PUTTAMALLAIAH, AGED ABOUT 64 YEARS, R/AT VEERASANDRA VILLAGE, NEAR WATER TANK, ATTIBELE HOBLI, ANEKAL TQ, BENGALURU DISTRICT, KARNATAKA. …RESPONDENTS (BY SRI. M.V. ANOOPKUMAR., HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) ---- THIS CRL.A FILED U/S 14(A)(2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER PASSED BY II ADDL. DISTRICT AND SESSIONS JUDGE, AT BENGALURU RURAL IN CRL.MISC.NO.2566/2025 AND PLEASED TO GRANT BAIL TO APPELLANTS IN VIDE SPL.C.NO.531/2025, ARISING OUT OF CR.NO.155/2025 REGISTERED BY HEBBAGODI P.S., FOR THE OFFENCES P/U/S 189(2), 189(4), 103(1), 249, 118(1), 61(2), 190 OF BNS, 2023, U/S 3(2)(V) OF SC/ST ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:29995 CRL.A No. 589 of 2026 ORAL JUDGMENT 1. The criminal appeal is filed by the appellants who are arrayed as accused Nos.4 and 5 seeking regular bail in Crime No.155/2025 filed by the respondent – Police for the offences punishable under Section 189(2), 189(4), 103(1), 249, 118(1), 61(2), 190 of the BNS, 2023 and under Section 3(2)(5) of SC/ST (POA) Act. Factual matrix of the case: 2. The case of the prosecution is that the father of the deceased had lodged a complaint stating that on 30.03.2025 at about 11.15 p.m., he had received information that his son Manjunath was killed by unknown persons and his body was laying in front of the house of Madhureddy. On receiving the said information, the complainant along with his wife, went to the spot at around 2.00 am and found that his son was laying in a pool of blood and he was killed brutally by the unknown persons. Upon enquiry, they came to know that his son was killed by Mahesh and others on account of enmity that existed between them. - 4 - HC-KAR NC: 2026:KHC:29995 CRL.A No. 589 of 2026 3. Based on the said complaint, the respondent-Police registered a case, conducted investigation and submitted the charge-sheet. 4. Heard learned counsel for the respective parties. 5. Learned counsel for the appellants submits that the appellants are innocent of the alleged offences. The entire case is based on the circumstantial evidence. The allegations made against them are solely on the basis of voluntary statements of the other accused and their involvement has not been proved even upon reading the averments of the charge-sheet. Moreover, they are not the habitual offenders and there are no criminal antecedents against them. Therefore, they may be enlarged on bail by imposing suitable conditions. They will abide by the conditions to be imposed by this Court in the event of their release on bail. Making such submissions learned counsel for the appellants prays to allow the appeal. 6. Per Contra, learned High Court Government Pleader for respondent No.1-State vehemently submits that the appellants are the gangsters and are associated with the rowdy - 5 - HC-KAR NC: 2026:KHC:29995 CRL.A No. 589 of 2026 elements of the locality. Moreover, they are even involved with the rowdy sheeter by name Nepali Manja. The manner in which they committed the murder shows the brutality of it. The appellants are creating nuisance in the public. Therefore, it is appropriate to reject the appeal. Making such submissions learned High Court Government Pleader for respondent prays to reject the appeal. 7. Having heard learned counsel for the respective parties and on perusal of the averments of the charge-sheet, it appears that deceased-Nepali Manja appears to be the rowdy-sheeter of that area and there was a rift between accused No.1/Jagadish and the deceased-Nepali Manja. In order to resolve the said dispute, a meeting was held between Nepali Manja, Mahesh and others. However, the dispute was not resolved. It is alleged that accused No.1 and others were waiting for an opportunity to take revenge against Nepali Manja on account of the rivalry that existed between them. When the deceased Nepali Manja was going near Sy.No.1/2020 at Gollahalli village, all the accused persons in furtherance of common intention attacked and committed his murder. The - 6 - HC-KAR NC: 2026:KHC:29995 CRL.A No. 589 of 2026 entire case is based on circumstantial evidence. The involvement of the appellants is proved by the statement of the co-accused. 8. Having considered the said aspect and also considering the statement of learned counsel for the appellants that there are no criminal antecedents against them, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER i. This Criminal Appeal is allowed. ii. The appellants are ordered to be enlarged on bail in Crime No.155/2025 filed by the respondent – Police for the offences stated supra, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) each, with two (02) sureties each, to the like sum of the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:29995 CRL.A No. 589 of 2026 iii. The appellants shall not threaten the prosecution witnesses or hamper the proceedings of the Court. iv. The appellants shall appear before the Trial Court on all hearing dates, without fail. v. The appellants shall affix their signature before the respondent – Police once in fifteen (15) days, preferably on Saturday between 10.00 am to 2.00 pm, till disposal of the case. vi. The appellants shall not leave the jurisdiction of the Court till disposal of the case. vii. The appellants shall not indulge in any similar offences till disposal of the case. In case, if, the appellants violate any of the bail conditions stated supra, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM/-