- 1 - HC-KAR CNR: KAHC010137882026 NC: 2026:KHC:37267 CRL.P No. 3009 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. 3009 OF 2026 BETWEEN: GANESH S/O MANJAPPA AGE 27 YEAR OCCN: AGRICULTURIST R/O NAGIHALLI VILLAGE - 577 426 SHIKARIPURA TALUKA. …PETITIONER (BY SRI PRASHANT S KADADEVAR, ADV.) AND: THE STATE OF KARNATAKA BY SHIRALAKOPPA POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU BENCH AT BENGALURU - 01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER (ACCUSED NO.2) IN SHIRALAKOPPA P S CRIME NO.193/2024 (SC NO.65/2025) FOR THE OFFENCE PUNISHABLE UNDER SECTION 103, 238, 61(2), 140(1), 115(2), 352 R/W 3(5) OF BNS, BEFORE ADDL. CIVIL JUDGE AND JMFC, SHIKARIPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010137882026 NC: 2026:KHC:37267 CRL.P No. 3009 of 2026 ORAL ORDER 1. Accused No.2 in S.C.No.65 of 2025 pending before the Court of II Addl. District & Sessions Judge, Shivamogga arising out of Crime No.193 of 2024 registered by Shiralakoppa Police Station, Shivamogga for the offence punishable under Section 103, 238, 61(2), 140(1), 115(2), 352 R/w Section 3(5) of BNS, 2023 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 193 of 2024 was registered by Shiralakoppa Police Station, Shivamogga initially for the offence punishable under Sections 103, 238, 61(2) R/w Section 3(5) of BNS, 2023 based on the first information dated 12.09.2024 received from Sri Prashant Kumar T B, Police Officer attached to Shiralakoppa Police Station. In the said case, the petitioner was arrested on 12.09.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and the petitioner is arraigned as accused no.2 in the charge sheet. His bail application filed - 3 - HC-KAR CNR: KAHC010137882026 NC: 2026:KHC:37267 CRL.P No. 3009 of 2026 before the jurisdictional Sessions Court in S.C.No.65 of 2025, was rejected on 24.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, entire case of the prosecution is based on circumstantial evidence. The petitioner is in the custody for the last more than 22 months. The petitioner had no motive to commit the murder of deceased. There is an inordinate delay in approaching the police. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. State Public Prosecutor who has opposed the petition submits that there are sufficient materials to connect the petitioner to the crime in which the accused has committed the murder of one Sri Krishnappa and thereafter cut his body into pieces and disposed of the same. She accordingly, prays to dismiss the petition. 6. Perusal of the material on record would go to show that, deceased Krishnappa was the husband of CW-6 - Smt. Bhagyashree. It appears that accused no.1 had illicit relationship with Smt. Bhagyashree and after coming to know - 4 - HC-KAR CNR: KAHC010137882026 NC: 2026:KHC:37267 CRL.P No. 3009 of 2026 about the same, deceased Krishnappa had quarrelled with his wife and also warned accused no.1. 7. On 07.09.2024 at about 10 a.m. Krishnappa had allegedly abused accused no.1 for the reason that he had continued his illicit relationship with his wife and also criminally intimidated him. It is under these circumstances, accused nos.1 to 3 had conspired to commit the murder of Krishnappa and on 07.09.2024, accused nos.2 and 3, on the guise of providing liquor to Krishnappa, had brought him in their motorbike and after making him to consume alcohol, accused nos.2 and 3 had caught hold of Krishnappa and accused no.1 after abusing Krishnappa allegedly had assaulted him with a sickle on his neck. After Krishnappa fell down on the ground, accused nos.2 and 3 allegedly had pulled his body to a canal of the Forest Department and thereafter, accused no.3 was keeping a watch about the movement of public, while accused nos.1 and 2 got into the canal and chopped the body of Krishnappa into pieces. Subsequently, the body pieces were filled into plastic bags and disposed off. - 5 - HC-KAR CNR: KAHC010137882026 NC: 2026:KHC:37267 CRL.P No. 3009 of 2026 8. During the course of investigation, the body parts of the deceased was forwarded to Forensic Science Laboratory and the DNA test report goes to show that the parts of human body recovered was of Krishnappa. CWs.3 and 4 are the witnesses who have last seen the deceased with accused persons. In their statement these witnesses have stated that on the night of 07.09.2024 at about 08.30 p.m. they had seen deceased in the company of accused nos.2 and 3. 9. Material on record would go to show that after 07.09.2024, Krishnappa was found missing and therefore his wife Smt. Bhagyashree had filed a missing complaint in the police station and during the course of investigation of the said missing complaint, accused nos.1 to 3 were arrested and they had confessed to the crime and based on the same FIR was registered against them in Crime No.193 of 2024. During the course of investigation of the case, weapons used to commit the murder of Krishnappa were recovered at the instance of accused persons. Prior to committing the crime, accused nos.2 and 3 had taken Krishnappa along with them and had made him to consume alcohol. During the course of investigation, - 6 - HC-KAR CNR: KAHC010137882026 NC: 2026:KHC:37267 CRL.P No. 3009 of 2026 material has been collected to show that accused had made the payment for consuming alcohol in the wine store through their phone pay. Under the circumstances, there are sufficient materials to connect the petitioner to the alleged crime in the present case. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail cannot be entertained at this stage. 10. Accordingly, the criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 49