- 1 - HC-KAR CNR: KAHC010382172026 NC: 2026:KHC:36678 CRL.P No. 8001 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 8001 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RAMAKRISHNA @ KRISHNA @RAMA, S/O RANGASWAMY, AGED ABOUT 40 YEARS, R/AT KOTE, BEHIND SIDHARTHA HIGH SCHOOL, KUNIGAL 572 130. …PETITIONER (BY SRI M. SHASHIDHARA, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KUNIGAL P.S., TUMAKURU. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R., HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE THE ABOVE NAMED PETITIONER ON BAIL IN S.C.No.94/2026 ORIGINATING FROM CRIME No.517/2025 OF THE RESPONDENT KUNIGAL POLICE FOR THE OFFENCE P/U/S 61,103(1),137(2),238 R/W SECTION Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010382172026 NC: 2026:KHC:36678 CRL.P No. 8001 of 2026 3(5) OF BNS WHICH IS PENDING BEFORE THE HON'BLE I ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU IN THE ABOVE CASE. 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 No.3 in S.C. No.94/2026 pending before the couse of I Additional District and Sessions Judge, at Tumakuru arising out of Crime No.517/2025 registered by the Kunigal Police Station, Tumakuru, for the offences punishable under Sections 61, 103(1), 137(2) 238 r/w 3(5) of BNS, 2023 is before this Court in this criminal petition filed under Section 483 of BNSS seeking regular bail. 2. Heard learned counsel for the petitioner and learned HCGP for the respondent. 3. FIR in Crime No.517/2025 was registered by the Kunigal Police Station, Tumakuru, for the aforesaid offences punishable under Sections 137(2), 103 r/w 3(5) of BNS, 2023 against Kempanna and two others based on the first information dated 19.12.2025 received from Raju, brother of deceased - 3 - HC-KAR CNR: KAHC010382172026 NC: 2026:KHC:36678 CRL.P No. 8001 of 2026 Chaluvaraju. In the said case, petitioner was arrested on 20.12.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against 3 persons and petitioner is arrayed as accused No.3 in the charge sheet. His bail application filed before this trial court in Crl. Misc. Pet.No.750/2026 was rejected on 26.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that entire case of prosecution is based on circumstantial evidence. Petitioner has no other criminal antecedents and he had no motive to commit the murder of the deceased. Accordingly, he prayed to allow the petition. 5. Learned, learned HCGP has opposed the petition and submits that there is material to connect the petitioner to the crime and accused No.1 has stated about the role played by accused No.3 in the crime. Accordingly, he prays to dismiss the petition. 6. In the first information dated 19.12.2025 submitted by the brother of deceased Chaluvaraju, he has stated that - 4 - HC-KAR CNR: KAHC010382172026 NC: 2026:KHC:36678 CRL.P No. 8001 of 2026 Chaluvaraju was in love with CW.4, who is the daughter of accused No.1. Family members of accused No.1 were not willing to perform the marriage of CW.4 with Chaluvaraju. On 18.12.2025, Chaluvaraju, who had gone out of his house, had not returned home. On 19.12.2025 at about 08.00 a.m. the first informant was allegedly informed by CW.22-Kempamma that accused persons had committed the murder of Chaluvaraju. Immediately thereafter, first informant had gone to the spot where the dead body of deceased Chaluvaraju was lying and thereafter, he had reported to the police and based on his first information, FIR was registered against accused Nos.1 to 3. During the course of investigation of the case, accused No.3 was arrested on 20.12.2025 along with the other accused persons and remanded to judicial custody. After completing the investigation, charge sheet has been filed against accused Nos. 1 to 3 for the aforesaid offences. 7. Perusal of the charge sheet material would go to show that entire case of the prosecution is based on circumstantial evidence. As per the charge sheet allegations, since accused No.1 and his family members had refused to perform the - 5 - HC-KAR CNR: KAHC010382172026 NC: 2026:KHC:36678 CRL.P No. 8001 of 2026 marriage of CW.4 with deceased Chaluvaraju, he allegedly had posted a message in his Facebook account, wherein he had abused the family members of CW.4 and had stated that at any rate, he will be marrying CW.4. According to the prosecution, accused No.1 had therefore decided to eliminate Chaluvaraju and on 18.12.2025, he along with accused Nos.2 and 3 had taken Chaluvaraju in the car bearing Registration No.KA-42-M- 4268, which was driven by accused No.3. After Chaluvaraju started questioning the accused persons why they were taking him, accused No.1 allegedly had stabbed him with a knife and thereafter the car was stopped on the road side and when accused Nos.2 and 3 held the victim, accused No.1 assaulted him with Machete and committed his murder. As stated earlier, the case of the prosecution is based on circumstantial evidence and allegations found in the charge sheet are required to be proved in a full fledged trial. It is not in dispute that the petitioner has no criminal antecedents and is in custody for last more than six months. Investigation of the case is already completed. Considering the aforesaid aspects of the matter, I - 6 - HC-KAR CNR: KAHC010382172026 NC: 2026:KHC:36678 CRL.P No. 8001 of 2026 am of the view that his prayer for grant of regular bail is to be answered in the affirmative. 8. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C. No.94/2026 pending before Court of the I Additional District and Sessions Judge, at Tumakuru arising out of Crime No.517/2025 registered by the Kunigal Police Station, Tumakuru, for the offences punishable under Sections 61, 103(1), 137(2) 238 r/w 3(5) of BNS, 2023 subject to the following conditions: a) Petitioner shall execute a 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 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; - 7 - HC-KAR CNR: KAHC010382172026 NC: 2026:KHC:36678 CRL.P No. 8001 of 2026 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 VBS/List No.: 1 Sl No.: 67