- 1 - HC-KAR CNR: KAHC010375142026 NC: 2026:KHC:36198 CRL.P No. 7927 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7927 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: 1. SHIVAKUMAR @ TAMMAIAH S/O PUTTASWAMY AGED ABOUT 26 YEARS R/OF UMMATTURU VILLAGE SANTEMARALLI HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT- 571316. 2. CHANDU N S/O NANJUNDSHETTI AGED ABOUT 25 YEARS R/O UMMATTURU VILLAGE SANTEMARALLI HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT-571316 …PETITIONERS (BY SRI. SHARASS CHANDRA M., ADVOCATE) AND: THE STATE OF KARNATAKA BY KUDERU P S CHAMARAJANAGAR THROUGH THE S P P HIGH COURT PREMISES BENGALURU CITY-560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP.) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010375142026 NC: 2026:KHC:36198 CRL.P No. 7927 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL ON CC NO. 486/2026 (CRIME NO.0003/2026 OF KUDERU P S) TRIED FOR OFFENCES PUNISHABLE U/S. 103 (1), 238, 54 R/W 3(5) OF BNS PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC YELANDUR. 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 and 2 in Crime No.3/2026 registered by Kuderu Police Station, Chamarajanagar District for offences punishable under Section 103(1), 238, 54 r/w.3(5) of BNS, 2023 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.3/2026 was registered by Kuderu Police Station, Chamarajanagar for offences punishable under Section 103(1) and 238 of BNS, 2023 against unknown persons, based on the first information dated 05.01.2026, received from Chikkanna, S/o. Mallashetty, - 3 - HC-KAR CNR: KAHC010375142026 NC: 2026:KHC:36198 CRL.P No. 7927 of 2026 who had found the dead body of deceased, Basava at about 03.30 p.m. on the said date. During the course of investigation, petitioners herein were arrested on 06.01.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.177/2026 was rejected on 13.05.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that entire case of the prosecution is based on circumstantial evidence. Petitioners, who have no criminal antecedents are in custody for more than six months. Accordingly, prays to allow the petition. 5. Per contra, learned ASPP appearing for the respondent has opposed the petition and submits that the deceased was last seen with accused Nos. 1 and 2 travelling in a motorbike and there is a CCTV footage of - 4 - HC-KAR CNR: KAHC010375142026 NC: 2026:KHC:36198 CRL.P No. 7927 of 2026 the same. She also submits that the iron rod and stone used to commit the crime have been recovered at the instance of the accused. There are strong circumstances as against the petitioners. Accused No.1 had a motive to commit the murder. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons after the dead body of Basava was found by the first informant, near the property belonging to one Puttaswami, within the jurisdiction of Kuderu Police Station, Chamarajanagar District. During the course of investigation, accused Nos.1 and 2 were arrested on 06.01.2026. In the charge sheet, which was filed subsequently, it is alleged that deceased Basava was a chronic drunkard. He used to visit the house of accused No. 1 after consuming alcohol and abuse the mother and relatives of accused No.1 using filthy language. - 5 - HC-KAR CNR: KAHC010375142026 NC: 2026:KHC:36198 CRL.P No. 7927 of 2026 7. On the night of 04.01.2026, Basavaraju, after consuming alcohol, had come near the house of accused No. 1 and had abused mother of accused No. 1 and other inmates in the house using filthy language and after undressing himself, he had shown his private parts to the ladies in the house and had behaved indecently. It is alleged that, after accused No.1 came to know about the same, he conspired with his friend accused No.2 to commit the murder of Basava and in the afternoon of 05.01.2026, accused Nos. 1 and 2 allegedly took Basava along with them in a motorbike and after making him consume alcohol, assaulted him with iron rod and stone and committed his murder. The entire case of the prosecution is based on circumstantial evidence. It is not in dispute that accused Nos.1 and 2 have no other criminal antecedents. Investigation of the case is completed and charge sheet is filed. Allegation now found in the charge sheet is required to be proved in the course of trial. Under the circumstances, the following: - 6 - HC-KAR CNR: KAHC010375142026 NC: 2026:KHC:36198 CRL.P No. 7927 of 2026 ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.3/2026 of Kuderu Police Station registered for the offences punishable under Sections 103(1), 238, 54 r/w. 3(5) of BNS, 2023 subject to the following conditions: a) Each of the 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; d) The petitioners shall not involve in similar offences in future; - 7 - HC-KAR CNR: KAHC010375142026 NC: 2026:KHC:36198 CRL.P No. 7927 of 2026 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE CM LIST NO.: 1 SL NO.: 69