- 1 - HC-KAR CNR: KAHC010237362026 NC: 2026:KHC:37030 CRL.P No. 5179 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5179 OF 2026 BETWEEN: SATHISH H.M S/O MAYIGOWDA AGED ABOUT 40 YEARS MELUKOTE HOBLI R/AT HEGGADAHALLI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT - 571 434. …PETITIONER (BY SRI RAJASHEKAR S, ADV.) AND: 1. STATE OF KARNATAKA BY MELUKOTE POLICE STATION MELUKOTE, PANDAVAPURA TALUK MANDYA DISTRICT - 571 434 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SHANKARE GOWDA H.M S/O MAYI GOWDA AGED ABOUT 48 YEARS HEGGADAHALLI VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK MANDYA DISTRICT - 571 434. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; SRI GOVIND BHARATH M.V, ADV., FOR SRI SHOWRI H.R, ADV., FOR R-2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010237362026 NC: 2026:KHC:37030 CRL.P No. 5179 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER AS BAIL, I.E., ACCUSED IN CRIME NO.54/2023, FOR OFFENCE PUNISHABLE UNDER SECTION 302 OF INDIAN PENAL CODE, FILED BY THE RESPONDENT MELUKOTE POLICE, PENDING ON THE FILE OF HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATTANA), IN CRIME NO.54/2023 REGISTERED AS S.C. NO.5060/2023. 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 in SC No.5060/2023 pending before the Court of III Addl. District and Sessions Judge, Mandya, sitting at Srirangapattana, arising out of Crime No.54/2023 registered by Melukote Police Station, Mandya, for the offence punishable under Section 302 of IPC, is 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.54/2023 was registered by Melukote Police Station, Mandya, for the aforesaid offence against the petitioner herein based on the first information dated 26.04.2023 received from Kumara H. M., S/o Mayigowda. In the said case, petitioner was arrested on 26.04.2023 and - 3 - HC-KAR CNR: KAHC010237362026 NC: 2026:KHC:37030 CRL.P No. 5179 of 2026 remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offence. His bail application filed before the Trial Court in SC No.5060/2023 was rejected on 04.02.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that incident in question had taken place in a spur of moment after there was a fight between the deceased and the petitioner, in the background of their civil dispute. He submits that petitioner, who has no other criminal antecedents is in custody for the last more than three months. Material charge sheet witnesses have already been examined. He also submits that petitioner is patient suffering from epilepsy. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition submits that in the incident in question, two persons have died and the petitioner had voluntarily surrendered before the police after committing their murder. There are eyewitnesses to the - 4 - HC-KAR CNR: KAHC010237362026 NC: 2026:KHC:37030 CRL.P No. 5179 of 2026 incident in question, who have supported the case of the prosecution. Accordingly, he prays to dismiss the petition. 6. Perusal of the first information would go to show that first informant is the brother of the petitioner. It appears that the petitioner had a civil dispute with his another brother by name Shankaregowda. Deceased Shanthamma and Yashavanta are the wife and son of aforesaid Shankaregowda. On 26.04.2023 at about 01.30 p.m., Shanthamma and her son Yashavanta had gone to the pump shed for switching on the pump to irrigate their property. Petitioner, who went there had allegedly quarreled with them for the reason that he was not being given chance to irrigate his agriculture property from the common pump set, which was used by the family members. 7. In the incident that took place thereafter, petitioner assaulted his sister-in-law and her son with a sickle, inside the pump shed and committed their murder. Post mortem report of the deceased would go to show that each of them had suffered as many as 16 injuries on their body and therefore, it cannot be said that in a spur of moment, petitioner had assaulted the - 5 - HC-KAR CNR: KAHC010237362026 NC: 2026:KHC:37030 CRL.P No. 5179 of 2026 deceased. Material on record would also go to show that after having committed the murder of the deceased, petitioner had voluntarily gone to the police station along with one Basava - CW - 2 and had surrendered before the police. 8. As on this date, seven charge sheet witnesses have been examined as PW1 to PW7. In the barbaric incident that had taken place on 26.04.2023, petitioner had assaulted his sister in law and her son on a petty issue and had committed their murder. CW2 to CW8 are said to be the eye witnesses to the incident in question. According to the Public Prosecutor, eyewitnesses have supported the case of the prosecution. Be that as it may, the fact remains that prosecution has already examined material charge sheet witnesses except CW8. Under the circumstances, I am of the opinion that considering the period of petitioner's incarceration, if the Trial Court is requested to expedite the trial and dispose off the main case within a time frame, the same would serve the ends of justice. Accordingly, the following order:- - 6 - HC-KAR CNR: KAHC010237362026 NC: 2026:KHC:37030 CRL.P No. 5179 of 2026 9. Petition is dismissed with a request to the Trial Court to expedite the trial and dispose off the main case on its merits as expeditiously as possible, but not later than the period of eight months from the date of receipt of a copy of this order failing which, petitioner shall be at liberty to file a fresh bail application before the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 51