Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010369772026 NC: 2026:KHC:37143 CRL.P No. 7786 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. 7786 OF 2026 BETWEEN:
1.
RAVI @ HULLAHALLI RAVI S/O MADAIAH @ MAHADAVA SHETTY R/O KUDANAHALLI VILLAGE AGED ABOUT 46 YEARS VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570 010.
2.
SHIVAKUMAR @ APPI @ KARICHIRATHE S/O LATE MANCHAIAH AGED ABOUT 39 YEARS R/AT. 1ST CROSS, SRIRAMPURA NANJANGUD TOWN, MYSURU DISTRICT - 571 301. …PETITIONERS (BY SRI RAJATH H.V, ADV.) AND:
THE STATE OF KARNATAKA BY NANJANGUD TOWN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RAJATH H.V, ADV.)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.
108/2024 IN SC NO.208/2024 ON THE FILE OF NARNJANGUD TOWN POLICE STATION, MYSURU DISTRICT, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 397 R/W 34 OF IPC, PENDING BEFORE THE HONBLE VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, AT MYSURU.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010369772026 NC: 2026:KHC:37143 CRL.P No. 7786 of 2026
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 Nos.1 and 2 in S.C.No.208 of 2024 pending before the Court of VI Addl. District & Special Judge, Mysuru arising out of Crime No.108 of 2024 registered by Nanjanagudu Town Police Station, Mysuru District for offences punishable under Sections 302, 397 R/w Section 34 of IPC 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.108 of 2024 was registered against unknown persons by Nanjanagudu Town Police Station, Mysuru District initially for offence punishable under Section 302 of IPC, based on the first information dated 28.06.2024 received from Smt. Lakshmi P, wife of deceased Bangaru. During the course of investigation of the said case, accused no.1 was arrested on 26.07.2024 and accused no.2 was arrested on 03.07.2024. Investigation of the case is completed and charge sheet is filed
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HC-KAR
CNR: KAHC010369772026 NC: 2026:KHC:37143 CRL.P No. 7786 of 2026
against accused nos.1 and 2 for the aforesaid offences. Their bail application filed before the Trial Court in S.C.No.208 of 2024 was rejected on 10.03.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, FIR in the present case was initially registered against unknown person for offence punishable under Section 302 of IPC after the dead body of the husband of first informant was found near Kapila river within the jurisdiction of Nanjanagudu Town Police Station. During the course of investigation, accused nos.1 and 2 were arrested and after completing investigation, charge sheet has been filed against them for the aforesaid offences. 5. As per the charge sheet allegations, accused persons are persons with criminal antecedents and on 28.06.2024 at about 01.30 p.m., they had found Bangaru sleeping under a banyan tree near Kapila river and they allegedly went near him and tried to take away the amount of ₹.50,000/- which was in his pocket. When Bangaru resisted, accused nos.1 and 2 allegedly assaulted him with a stone and
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HC-KAR
CNR: KAHC010369772026 NC: 2026:KHC:37143 CRL.P No. 7786 of 2026
committed his murder. Thereafter, they took the amount of ₹.50,000/- from his pocket and also his finger ring and went away. During the course of investigation, a sum of ₹.1,740/- was recovered from accused nos.1 and 2.
The finger ring of the deceased was recovered from a public place where the accused persons had thrown it, after coming to know the same was not gold. 6. In the FIR that was registered based on the information received from the wife of deceased, she has not mentioned about accused persons taking away cash of ₹.50,000/- from the pocket of her husband. It is only based on the confession statement of the arrested accused, charge sheet has been filed against them. The allegations found in the charge sheet is required to be proved against the accused in a full-fledged trial. As on this date, three charge sheet witnesses are examined as PWs.1 to 3 out of the 40 charge sheet witnesses cited in the present case,
7. The Hon'ble Supreme Court in the case of PRABHAKAR TEWARI V. STATE OF UTTAR PRADESH &
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HC-KAR
CNR: KAHC010369772026 NC: 2026:KHC:37143 CRL.P No. 7786 of 2026
ANR - (2020) 11 SCC 648 has observed that merely for the reason that accused persons are persons with criminal antecedent, their bail application cannot be rejected if it is otherwise found that they are entitled for the said relief. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following:
ORDER Criminal petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.208 of 2024 pending before the Court of VI Addl. District & Special Judge, Mysuru arising out of Crime No.108 of 2024 registered by Nanjanagudu Town Police Station, Mysuru District for offences punishable under Sections 302, 397 R/w Section 34 of IPC, subject to the following conditions:- a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
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HC-KAR
CNR: KAHC010369772026 NC: 2026:KHC:37143 CRL.P No. 7786 of 2026
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;
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.
f) Petitioners are directed to appear before the Station House Officer of Nanjanagudu Town Police Station on every first and third Sunday of the month and mark their attendance between 10.00 a.m. and 1.00 p.m. regularly, till the case register against them is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 64