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2026 DAILYLAW 29663 (KAR)

MARI DEVARU @ RAVI v. STATE OF KARNATAKA BY

CRL.P/7773/2026 · 2026-07-20

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010368072026 NC: 2026:KHC:37050 CRL.P No. 7773 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. 7773 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MARI DEVARU @ RAVI, S/O LATE BASAVANNA, AGED 70 YEARS, R/AT OKKALAGERI VILLAGE, SOSALE HOBLI, T. NARASIPURA TQ, MYSURU DISTRICT - 571120. ALSO AT KONAGAHALLI VILLAGE, SOSALE HOBLI, T. NARASIPURA TQ, MYSURU DISTRICT, - 571120. …PETITIONER (BY SRI. MADHU E.K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY NAZARBAD POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, Addl.SPP) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010368072026 NC: 2026:KHC:37050 CRL.P No. 7773 of 2026 THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.No.175/2024 OF NAZARBAD POLICE STATION (CR.No.81/2024) FOR THE OFFENCES PUNISHABLE U/S 302 OF IPC PENDING ON THE FILE OF VII ADDL. DISTRICT AND SESSIONS JUDGE AT MYSURU. 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 S.C. No.175/2024 pending before the Court of VII Additional District and Sessions Judge, Mysuru, arising out of Crime No.81/2024 registered by Nazarbad Police Station, Mysuru, for the offence punishable under Section 302 of IPC is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail. 2. Heard learned counsel for the petitioner and learned Addl. SPP for the respondent-State. 3. FIR in Crime No.81/2024 was registered by Nazarbad Police Station, Mysuru, for the aforesaid offence alleged against the petitioner herein based on the first information dated - 3 - HC-KAR CNR: KAHC010368072026 NC: 2026:KHC:37050 CRL.P No. 7773 of 2026 10.06.2024 received from Dushyanth L., son of Lokesh. In the said case, petitioner was arrested on 21.06.2024 and 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 Crl.Mis.No.367/2026 was rejected on 02.04.2026. Therefore, he is before this Court. 4. Petitioner, who was aged about 70 years as on the date of registration of FIR was allegedly working in the mutt, in which deceased Shivananda Swamiji @ Shambulingaswami, aged 92 years was the Matathipathi. Allegation against the petitioner is that he was addicted to alcohol and since, he was not being paid anything by the deceased for the work done by him, he was in the habit of committing theft of the articles in the mutt and from the sale proceeds, he used to consume alcohol. It is alleged that on 10.06.2024, petitioner had committed theft of coconuts from the mutt and after coming to know about the same, the deceased had abused him using filthy language and also had spoke, filthy about the mother and wife of the petitioner. Petitioner who got enraged had assaulted deceased with a weapon and committed his murder. The entire - 4 - HC-KAR CNR: KAHC010368072026 NC: 2026:KHC:37050 CRL.P No. 7773 of 2026 case of the prosecution is based on circumstantial evidence. It is not in dispute that the petitioner, who is now aged 72 years, has no other criminal antecedents. Trial in the case is yet to commence. Allegations found against the petitioner in the charge sheet is required to be proved in a full-fledged trial. Under the circumstances, the following; ORDER (i) Criminal petition allowed. The petitioner-accused is directed to be enlarged on bail in S.C. No.175/2024 pending before the Court of VII Additional District and Sessions Judge, Mysuru, arising out of Crime No.81/2024 registered by Nazarbad Police Station, Mysuru, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The 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; - 5 - HC-KAR CNR: KAHC010368072026 NC: 2026:KHC:37050 CRL.P No. 7773 of 2026 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 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 MV List No.: 1 Sl No.: 61