- 1 - HC-KAR CNR: KAHC010387782026 NC: 2026:KHC:37824 CRL.P No. 8140 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8140 OF 2026 BETWEEN: VIKASA G.M. S/O MOHAN G.P.M., AGED ABOUT 22 YEARS, OCC: AGRICULTURE RESIDENT OF SOMSHETTIKOPPA LINGAYATHARA BEEDHI, KUMSI SHIVAMOGGA. …PETITIONER (BY SRI. ADARSH C JADHAV, ADVOCATE) AND: STATE OF KARNATAKA BY KUMSI POLICE STATION, SHIVAMOGGA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CR.NO.212/2025 (NOW CHARGE SHEET NO.10/2026) REGISTERED BY KUMSI POLICE STATION, SHIVAMOGGA FOR THE OFFENCES P/U/S 332(B), 103(1), 238(B), 309(4), 309(6), 311, 312, 317(3) R/W 3(5) OF BNS, PENDING ON THE FILE OF THE LRD. III ADDL. DISTRICT AND SESSIONS JUDGE SHIVAMOGGA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010387782026 NC: 2026:KHC:37824 CRL.P No. 8140 of 2026 THIS CRL.P, 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.2 in Crime No.212 of 2025 registered by Kumsi Police Station, Shivamogga District, for offences punishable under Sections 332(b), 103(1), 238(b), 309(4), 309(6), 311, 312, 317(3) R/W 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 No.212 of 2025 was registered by Kumsi Police Station, Shivamogga District initially for offences punishable under Section 103(1) & 49 R/w Section 3(5) of BNS, 2023 against Ramesh and another, based on the first information dated 02.10.2025 received from Sri H Eswarappa, brother of deceased Smt. Basamma, who was aged about 70 years. During the course of investigation of the said case, petitioner herein was arrested on 26.11.2025 and remanded to - 3 - HC-KAR CNR: KAHC010387782026 NC: 2026:KHC:37824 CRL.P No. 8140 of 2026 judicial custody. After completing investigation, charge sheet has been filed against three persons and petitioner is arrayed as accused no.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.298 of 2026 was rejected on 25.04.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, there is no direct evidence to connect the petitioner to the crime. Only based on the confession statement of accused no.1, the petitioner is arrested. The petitioner is a disabled person, who is suffering from intellectual disability. He has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has seriously opposed the bail application, submits that, accused nos.1 and 2 are found running from the spot of crime in the CCTV footage, which is collected during the course of investigation. He submits that, deceased has suffered as many as 24 injuries on her body and she was murdered only for the purpose of gain. - 4 - HC-KAR CNR: KAHC010387782026 NC: 2026:KHC:37824 CRL.P No. 8140 of 2026 He submits that, the very fact that the petitioner is seen running along with accused no.1 after committing the crime makes the disability certificate doubtful. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against Ramesh and his wife Smt. Chaya, based on the first information dated 02.10.2025, received from the brother of the deceased, after the dead body of deceased Smt. Basamma was found in her house. Accused no.1 - Ramesh is the son of the deceased Since the first informant suspected the hand of accused no.1 and his wife in the death of Smt. Basamma, FIR was initially registered against Ramesh and his wife. During the course of investigation, the police had arrested accused Nos.1 and 2 and after completing investigation, charge sheet has been filed against three persons. Accused no.3 is the father of accused no.1 and he had committed suicide, after the case was registered against him. 7. The prosecution during the course of investigation has collected the CCTV footage which was available near the - 5 - HC-KAR CNR: KAHC010387782026 NC: 2026:KHC:37824 CRL.P No. 8140 of 2026 house where the crime had taken place. According to the prosecution, accused nos.1 and 2 are found in the CCTV footage. As per the charge sheet allegation, accused no.1 was staying in the adjacent house of deceased Smt. Basamma and he used to visit her house often. During such visit, he had seen the gold jewelry of the deceased and therefore, he had conspired with accused no.2 to commit the murder of Smt. Basamma and accordingly on 01.10.2025, accused nos.1 and 2 had gone to the house of Basamma, who had allowed them to enter the house since she knew accused no.1. When Basama went inside the house to fetch drinking water to accused no.1, accused no.2 allegedly caught hold of her from behind and thereafter, accused no.1 assaulted her with a knife and committed her murder. 8. Wound certificate of the deceased would go to show that more than 20 stab wounds are found on the abdomen of the deceased. In addition to the said injuries, there is also an injury on the neck of the deceased and these injuries correspond with the allegations found in the charge sheet that accused no.1 assaulted the deceased when accused no.2 had - 6 - HC-KAR CNR: KAHC010387782026 NC: 2026:KHC:37824 CRL.P No. 8140 of 2026 caught hold of her. The gold ornaments of the deceased were also recovered during the course of investigation. Under the circumstances, it is apparent that there is sufficient material to connect the petitioner to the crime. Therefore, I am of the opinion that his prayer for grant of regular bail cannot be entertained at this stage. 9. Accordingly, criminal petition dismissed Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 34