Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35284 CRL.P No. 7814 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.7814 OF 2026
BETWEEN:
SRI.VIJAY S/O KUNTI LINGAPPA AGED ABOUT 33 YEARS R/AT BATLAHALLI VILLAGE MURAGAMALLA HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT -563 129
…PETITIONER (BY SRI.N DEVENDRA, ADVOCATE) AND:
STATE OF KARNATAKA BY BATLAHALLI POLICE STATION CHIKKABALLAPUR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001
…RESPONDENT (BY SRI.RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/SEC.439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON REGULAR BAIL IN C.C.NO.108/2025 IN CR.NO.41/2025 OF BATLAHALLI P.S. CHIKKABALLAPURA DIST. (RESPONDENT HEREIN) ON THE FILE OF THE I PRL. CIVIL JUDGE (SR.DN) AND J.M.F.C CHINTAMANI CHIKKABALLAPURA FOR THE OFFENCE P/U/SEC 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) R/W 190 OF BNS 2023 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.6 in S.C.No.64/2025 pending before the Court of II Additional District and Sessions Judge, Chikkaballapura (sitting at Chintamani) arising out of Crime No.41/2025 registered by Batlahalli Police Station, Chikkaballapura, for the offences punishable under 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) read with Section 190 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
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2. Heard the learned counsel for the petitioner and the learned Additional SPP for the respondent - State.
3. FIR in Crime No.41/2025 is registered by the Batlahalli Police Station, Chikkaballapura, initially for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54 and 190 of BNS, 2023 against Jhon Babu and others based on the first information dated 13.04.2025 received from Ganganna, who is the uncle of the deceased – Prathap. Petitioner was arraigned as accused No.6 in the FIR. After completing investigation, charge sheet has been filed as against 9 accused persons and the petitioner herein is arraigned as accused No.6 in the charge sheet in which he is shown as absconding. Subsequently, the petitioner had voluntarily surrendered before the trial Court on 06.03.2026 and on the same day, he was remanded to judicial custody. His bail application filed subsequently before the jurisdictional Sessions Court in
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HC-KAR NC: 2026:KHC:35284 CRL.P No. 7814 of 2026
Crl.Misc.No.71/2026 was rejected on
17.04.2026. Therefore, he is before this Court.
4.
Learned counsel for the petitioner submits that the only allegation against the petitioner is that he had held C.W.2 to enable the other accused persons to assault him. C.W.2 has suffered only simple injury in the incident in question. Accused Nos.3 to 5 and 7 to 9 have been already enlarged on bail in the present case. In the other criminal cases registered against petitioner in the year 2022, he has been enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the material on record would go to show that, there is a property dispute between CW-4, his family members and the accused persons with regard to pathway near their house. In this background, the parties had
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HC-KAR NC: 2026:KHC:35284 CRL.P No. 7814 of 2026
earlier fought against each other and there are criminal cases as well as civil cases pending between them. Under said circumstances, accused persons allegedly had vengeance against CW-4 and his family members. On 08.03.2025, accused persons had gathered near the house of accused No.6 – Vijay and conspired to commit the murder of Prathap, Mallesh and Lingamaiah. In furtherance of such a conspiracy, on 13.04.2025, at about 6.30 p.m., the accused persons formed an unlawful assembly and went near the house of CW-3 and quarreled with Prathap. When accused No.1 tried to stab Prathap with knife, he allegedly escaped. Accused No.4, who was present there, allegedly caught hold of Prathap and accused No.1 stabbed Prathap with a knife on his chest and caused fatal injuries. Accused No.5 – Sainatha allegedly caught hold of Lingamaiah, who was also present there and accused No.2 - Mahimaraju allegedly stabbed Lingamaiah and caused fatal injuries. - 6 -
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7. In the said incident, Prathap and Lingamaiah had died at the spot. CW-2-Sagar had tried to intervene and he has suffered simple injury in the incident in question. Allegation as against the petitioner is that he had caught hold of C.W.2 - Sagar, while the other accused persons assaulted him. Accused No.4 has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.17210/2025 and accused No.3 has been granted regular bail by this Court in Crl.P.No.694/2026.
Accused Nos.7 to 9 were also granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.231/2025 by order dated 24.07.2025. It is not in dispute that in the other criminal case registered against the petitioner in the year 2022, he has been enlarged on bail. Investigation of the case is now completed and charge sheet is also filed. Considering the aforesaid aspects of the matter and also the overt-acts alleged as against the petitioner, I am of the opinion that
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HC-KAR NC: 2026:KHC:35284 CRL.P No. 7814 of 2026
the prayer for grant of regular bail needs to be answered in the affirmative. Accordingly, the following:-
ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.64/2025 pending before the Court of II Additional District and Sessions Judge, Chikkaballapura (sitting at Chintamani) arising out of Crime No.41/2025 registered by Batlahalli Police Station, Chikkaballapura, for the offences punishable under Sections 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) read with Section 190 of BNS, 2023, 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;
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;
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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
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