- 1 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5063 OF 2026 C/W CRIMINAL PETITION NO. 7755 OF 2025 CRIMINAL PETITION NO. 5809 OF 2026 CRIMINAL PETITION NO. 5817 OF 2026 IN CRL.P NO. 5063/2026 BETWEEN: SRI. SHIVARAJU @ KULLA SHIVA S/O KRISHNA, AGED ABOUT 25 YEARS, (AGED ABOUT 30 YEARS AS ON TODAY) R/AT ANCHEMUDDANAHALLI VILLAGE, SHEELANERE HOBLI, K.R PETE TALUK, MANDYA DISTRICT - 571 426 …PETITIONER (BY SMT. RAKSHA KEETHANA .K., FOR SRI. KEMPARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA EAST POLICE STATION, MANDYA DISTRICT. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.23/2021 (CRIME NO.87/2020) OF RESPONDENT MANDYA EAST POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 120(B), 457, 380, 302 AND 396 OF IPC, PENDING ON THE FILE OF THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA. IN CRL.P NO. 7755/2025 BETWEEN: SRI. SHIVARAJU B.A @ BENGALURU SHIVA @ SHIVU S/O ANNEGOWDA AGED ABOUT 34 YEARS, R/AT. D.NO.13/S-1, 10TH CROSS, 3RD BLOCK, NANDINI LAYOUT, BENGALURU - 560 096 ALSO R/AT: NO.322, LAVAKUSHA NAGAR, NEAR SHIVAGANAPATHI TEMPLE, LAGGERE, BENGALURU - 560 058 …PETITIONER (BY SRI. MAHESH KIRAN SHETTY .S., ADVOCATE) AND: THE STATE OF KARNATAKA BY MANDYA EAST POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) - 3 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE APPLICATION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH S.C.NO.23/2021 REGISTERED BY THE MANDYA EAST P.S. MANDYA, PENDING ON THE FILE OF 2ND ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA FOR THE OFFENCE P/U/S 120B, 380, 396, 457, 302 OF IPC. IN CRL.P NO. 5809/2026 BETWEEN: MANJAPPA @ DOUBLE ENGINE MANJA @ DABBLE INGEN MANJA S/O LATE VENKATASWAMY AGED ABOUT 38 YEARS, (44 YEARS AS ON TODAY) R/AT KEMPEGOWDA CIRCLE, KERE ROAD, NEAR SEENANNA HOUSE, RAMANAGARA TOWN RAMANAGARA, KARNATAKA - 562 159. …PETITIONER (BY SMT. RAKSHA KEETHANA .K., FOR SRI. KEMPARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA EAST POLICE STATION, MANDYA DISTRICT. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) - 4 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.87/2020 AND S.C.NO.23/2020 OF RESPONDENT MANDYA EAST POLICE STATION, FOR THE OFFENCE P/U/S 120(B), 457, 380, 302, 396 OF IPC, PENDING ON THE FILE OF THE HONBLE II ADDL DISTRICT AND SESSIONS JUDGE AT MANDYA. IN CRL.P NO. 5817/2026 BETWEEN: ABHIJITH @ ABHI S/O YALLAPPA AGED ABOUT 22 YEARS, (28 YEARS AS ON TODAY) R/AT GAMANAHALLI, SANTEMYDANA, ARAKERE HOBLI, SRIRANGAPATHA TALUK MANDYA, KARNATAKA - 571 478. …PETITIONER (BY SMT. RAKSHA KEETHANA .K., FOR SRI. KEMPARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA EAST POLICE STATION, MANDYA DISTRICT. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.87 /2020 AND S.C.NO.23/2021 OF - 5 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER RESPONDENT MANDYA EAST POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 120(B), 457, 380, 302 AND 396 OF IPC, PENDING ON THE FILE OF THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA. THESE PETITIONS, 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.5 to 8 in S.C.No.23 of 2021 pending before the Court of II Addl. District and Sessions Judge, Mandya, arising out of Crime No.87 of 2020 registered by Mandya East police station, Mandya for offences punishable under Sections 120(B), 457, 380, 302 and 396 of IPC are before this Court in this successive bail applications seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.87 of 2020 was registered by Mandya East Police Station initially for offences punishable under Section 396 and 302 of IPC against unknown persons, - 6 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER based on the first information dated 11.09.2020 received from Sri Girish G N son of late Nagabhushanaiah. During the course of investigation of the said case, accused no.5 was arrested on 13.09.2020 and accused nos.6 to 8 were arrested on 15.09.2020. After completing investigation, charge sheet is filed against nine persons. Bail application filed by the petitioners before the trial Court was rejected and therefore, they had earlier approached this Court and their bail applications were rejected. It is under these circumstances, they are before this Court in this successive bail applications. 4. Learned counsel for the petitioners submits the allegation of entering the temple and committing the murder is found in the charge sheet only as against accused nos.1 to 3. Accused nos.4 to 9 were allegedly outside the temple and were keeping a watch on the movements of the public. They submit that, accused no.9 as against whom similar allegation is found in the charge sheet, has been granted regular bail by the Co- ordinate bench of this Court in Criminal Petition No.4917 of 2026 disposed of on 08.04.2026 and following the same, the trial Court has now granted regular bail to accused no.4 in - 7 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER S.C.No.23 of 2021 by order dated 10.07.2026. Even accused no.4 and 9, who are now released on regular bail, had similar criminal antecedents. Accordingly, they pray to allow the petitions. 5. Per contra, learned Additional State Public Prosecutor submits that, petitioners are persons with criminal antecedents and merely for the reason that there is a delay in trial, their bail applications cannot be entertained considering the gravity of charges levelled against them. She submits that, in the event they are released on bail, they may indulge in committing similar offences. 6. In reply, learned advocate for the petitioners submits that as per the prosecution there are totally 14 cases against the petitioners and in 8 of the said cases till date charge sheet is not filed and petitioners are not produced under body warrant in the said cases before the jurisdictional Court. They submit that, in 3 cases the petitioners have been acquitted and 3 other cases are registered against unknown - 8 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER persons and in said three cases, petitioners are not even arrayed as accused. 7. FIR in the present case was registered against unknown persons. During the course of investigation, the police have arrested 9 persons and after completing investigation, charge sheet has been filed against them for the aforesaid offences. As per the charge sheet allegations on the alleged date of incident, accused nos.1 to 3 had entered the temple premises with an intention to commit theft of the hundi money and after hearing some sound the deceased persons who were sleeping inside the temple woke up. Accused nos.1 to 3, who were armed with weapons allegedly assaulted them and committed their murder and thereafter, committed theft of the hundi money and escaped along with accused nos.4 to 9, who were allegedly keeping a watch outside the temple. 8. Allegations as against accused nos.4 to 9 in the present case are similar in nature and even the antecedents alleged as against them are similar. Accused no.9 has been granted regular bail by the Co-ordinate bench of this Court in - 9 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER Criminal Petition No.4917 of 2026 vide Order dated 08.04.2026 considering the role played by him in the alleged crime. Subsequently, accused no.4 has been granted regular bail by the trial Court in S.C.No.23 of 2021 by order dated 10.07.2026. 9. Petitioners are in custody in the present case for the last nearly 6 years. Out of 130 charge sheet witnesses cited in the present case till date only 18 charge sheet witnesses have been examined as PW1 to PW18. 10. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". - 10 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER 11. Considering the fact that similarly placed accused no.4 and accused No.9 have been now released on bail and also taking into consideration the period of petitioners' incarceration, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. 12. Accordingly, the following:- ORDER Criminal petitions are allowed. The petitioners are directed to be enlarged on bail in S.C.No.23 of 2021 pending before the Court of II Addl. District and Sessions Judge, Mandya, arising out of Crime No.87 of 2020 registered by Mandya East Police Station, Mandya for offences punishable under Sections 120B, 457, 380, 302 and 396 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; - 11 - HC-KAR CNR: KAHC010230102026 NC: 2026:KHC:38076 CRL.P No. 5063 of 2026 C/W CRL.P No. 7755 of 2025 CRL.P No. 5809 of 2026 AND 1 OTHER 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; f) Petitioners are directed to appear before the Station House Officer of Mandya East Police Station, Mandya on first Sunday of the month and mark their attendance between 10.00 a.m. and 1.00 p.m. regularly, till completion of trial. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 44