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2026 DAILYLAW 30507 (KAR)

SRI CHANDU J v. STATE OF KARNATAKA

CRL.P/9624/2026 · 2026-07-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010449692026 NC: 2026:KHC:37937 CRL.P No. 9624 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. 9624 OF 2026 BETWEEN: SRI. CHANDU J S/O LATE JAGADEESH, AGED ABOUT 25 YEARS, R/AT. NO.60, GADDIGE MAIN ROAD, BOGADI, MYSORE - 570 026 …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: STATE OF KARNATAKA BY JAYAPURA P.S, MYSURU DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU-560001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SC.NO.140/2025 REGISTERED BY THE RESPONDENT NO.1 IN JAYAPURA P.S., MYSURU, FOR THE OFFENCES P/U/S 49, 61, 103(1), 238, 351(1), 3(5) OF BNS, PENDING BEFORE THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010449692026 NC: 2026:KHC:37937 CRL.P No. 9624 of 2026 HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, AT MYSURU. 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.4 in S.C.No.140/2025 pending before the Court of III Addl. District & Sessions Judge, Mysuru, arising out of Crime No.36/2025 registered by Jayapura Police Station, Mysuru District, for the offences punishable under Sections 49, 61, 103(1), 238, 351(1), 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.36/2025 was registered by Jayapura Police Station, Mysuru District, for the offence punishable under Section 103 of BNS, 2023, against Shwetha and other unknown persons based on the first information dated 13.03.2025 received from Smt. Pushpa - mother of deceased Doreswamy. During the course of investigation, petitioner herein was - 3 - HC-KAR CNR: KAHC010449692026 NC: 2026:KHC:37937 CRL.P No. 9624 of 2026 arrested on 15.03.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against nine persons and petitioner is arrayed as accused no.4 in the charge sheet. His bail application filed before the Trial Court in S.C.No.140/2025 was rejected on 06.09.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that the allegation of assaulting the deceased with deadly weapons is found in the charge sheet against accused nos.1 to 3. Similarly placed accused no.7 has been granted regular bail by this Court in Crl.P.No.11708/2025 disposed of on 12.02.2026. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. 6. As per the charge sheet, it is the case of the prosecution that accused nos.1 to 4, 6, 7, Juvenile nos.1 & 2 conspired to kill the deceased and in furtherance of the said conspiracy, accused nos.6 & 7 kept watch of the movement in front of the - 4 - HC-KAR CNR: KAHC010449692026 NC: 2026:KHC:37937 CRL.P No. 9624 of 2026 house of the deceased and accused no.4 and Juvenile no.1 kept watch near Gopalapura Road and accused no.2 in the guise of asking water knocked the door of the deceased and when the door was opened, accused no.2 assaulted with a long chopper on the neck of the deceased and when he fell down, accused nos.1 & 3 had entered the house and accused no.1 assaulted with long chopper on the head of the deceased and accused no.3 took the bottle kept on the table and assaulted with it on the head of the deceased. Accused nos.1 & 2 assaulted with long chopper on the right side of the head and left hand and accused no.3 with a dagger assaulted on the stomach, chest and back of the deceased and caused his death. 7. The allegation of assaulting the deceased with deadly weapons is found as against accused nos.1 to 3. In the charge sheet, the only offences invoked against accused no.4 are under Sections 61, 49, 238, 3(5) of BNS, 2023. Similar offences were invoked as against accused no.7 has been granted regular bail by the coordinate bench of this Court in Crl.P.No.11708/2025 disposed of on 12.02.2026. Under the circumstances, I am of the opinion that petitioner's prayer for - 5 - HC-KAR CNR: KAHC010449692026 NC: 2026:KHC:37937 CRL.P No. 9624 of 2026 grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.140/2025 pending before the Court of III Addl. District & Sessions Judge, Mysuru, arising out of Crime No.36/2025 registered by Jayapura Police Station, Mysuru District, for the offences punishable under Sections 49, 61, 103(1), 238, 351(1), 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute 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; 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; - 6 - HC-KAR CNR: KAHC010449692026 NC: 2026:KHC:37937 CRL.P No. 9624 of 2026 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 KK