- 1 - HC-KAR CNR: KAHC010403832026 NC: 2026:KHC:37860 CRL.P No. 8503 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. 8503 OF 2026 BETWEEN: ABBI @ ABHISHEKH M. S/O MALLESHAPPA AGED ABOUT 27 YEARS OCCUPATION: BAR BINDING WORK, R/O #549/3, 4TH CROSS, JAYAPADMA COMPOUND K.B. EXTN., DAVANAGERE CITY AND DIST - 577 002 …PETITIONER (BY SRI. NAVEEN H.M., ADVOCATE) AND: STATE OF KARNATAKA CHIKKAJAJURU POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.69/2025 AND S.C.NO.169/2025 OF RESPONDENT CHIKKAJAJURU POLICE, REGISTERED FOR OFFENCE P/U/S 103(1), 238 OF BNS ACT, WHICH IS PENDING BEFORE THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010403832026 NC: 2026:KHC:37860 CRL.P No. 8503 of 2026 CHITRADURGA ON SUCH TERMS AND CONDITIONS IN THE ABOVE CASE. 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.1 in SC No.169/2025 pending before the Court of Principal District and Sessions Judge, Chitradurga, arising out of Crime No.69/2025 registered by Chikkajajur Police Station, Chitradurga District, for the offences punishable under Sections 103(1) and 238 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.69/2025 was registered by Chikkajajur Police Station, Chitradurga, for the offence punishable under Section 103(1) of BNS, 2023 against one Annappa and the petitioner herein based on the first information dated 19.04.2025 received from Smt. Latha, wife of deceased Manikanta. In the said case, petitioner was arrested on - 3 - HC-KAR CNR: KAHC010403832026 NC: 2026:KHC:37860 CRL.P No. 8503 of 2026 20.04.2025 and after completing investigation, charge sheet is filed against two persons. In the charge sheet, petitioner is arraigned as accused No.1 and Annappa, who was arrayed as accused No.1 in the FIR, is arraigned as accused No.2. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1010/2025 was rejected on 29.08.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that entire case of the prosecution is based on circumstantial evidence. Accused No.2 has been granted regular bail by this Court in Crl.P.No.8859/2025 disposed off on 30.07.2025. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition submits that allegation of assaulting the deceased is found in the charge sheet against the petitioner. Accordingly, she prays to dismiss the petition. 6. In the charge sheet, which is filed after completing investigation, it is alleged that deceased Manikanta had illicit - 4 - HC-KAR CNR: KAHC010403832026 NC: 2026:KHC:37860 CRL.P No. 8503 of 2026 relationship with CW16 - Smt. Geeta. Accused Nos.1 and 2 are the friends of Manikanta. On 18.04.2025, CW16 had called deceased to meet her at Hireguntanuru village. Accordingly, deceased had gone to the said place along with accused Nos.1 and 2 in the autorikshaw bearing registration No.KA-17-AA- 9500, belonging to accused No.1. At about 07.00 p.m., CW16 came to the outskirts of Hireguntanuru Village where the autorikshaw was parked. Thereafter, the deceased and CW16 indulged in sexual activities inside the autorikshaw of the petitioner, which was objected by him. Therefore, CW16 had left the place and thereafter, there was a quarrel between the deceased and accused Nos.1 and 2 in which accused Nos.1 and 2 had allegedly assaulted the deceased and committed his murder. 7. Entire case of the prosecution is based on circumstantial evidence. Accused No.2 has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.8859/2025 disposed off on 30.07.2025. During the course of trial, prosecution has now examined CW1, CW2, CW14 and CW16 as PW1 to PW4. According to learned counsel for the petitioner, CW16, who is - 5 - HC-KAR CNR: KAHC010403832026 NC: 2026:KHC:37860 CRL.P No. 8503 of 2026 examined as PW3 has not supported the case of the prosecution. Be that as it may, fact remains that petitioner is in custody in the present case from 20.04.2025. Since, the material prosecution witnesses are already examined, there cannot be any apprehension that petitioner may tamper with the said witnesses. Under the circumstances, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.169/2025 pending before the Court of Principal District and Sessions Judge, Chitradurga, arising out of Crime No.69/2025 registered by Chikkajajur Police Station, Chitradurga District, for the offences punishable under Sections 103(1) and 238 of BNS, 2023, subject to the following conditions: a) 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 - 6 - HC-KAR CNR: KAHC010403832026 NC: 2026:KHC:37860 CRL.P No. 8503 of 2026 Trial Court exempts his appearance for valid reasons; 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 DN List No.: 1 Sl No.: 55