- 1 - HC-KAR CNR: KAHC010424922026 NC: 2026:KHC:39487 CRL.P No. 9057 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9057 OF 2026 BETWEEN: SRI RAJASHEKAR S/O LATE ERANNA AGEDA BOUT 57 YEARS R/O NO.262/4, 3RD CROSS NEAR ROTARY SCHOOL JANATHA QUARTERS, CHAMPAKA NAGARA, SAKALESHAPURA HASSAN - 573 134. …PETITIONER (BY SRI PRAKASHA V, ADV.) AND: STATE BY ARAKALGUD POLICE STATION, HASSAN DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CC NO.145/2026 ARISING OUT OF CRIME NO.228/2025 OF ARAKALGUD POLICE STATION HASSAN DISTRICT, FOR THE OFFENCES P/U/S 103, 109, 118(1), 115(2), 54 R/W SECTION 190 OF THE BNS 2023 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC ARAKALGUD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010424922026 NC: 2026:KHC:39487 CRL.P No. 9057 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.228/2025 registered by Arakalagud Police Station, Hassan, for the offences punishable under Sections 103, 109, 118(1), 115(2), 54 and 190 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.228/2025 was registered by Arakalagud Police Station, Hassan, for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 115(2), 118(1), 109, 103(1) and 190 of BNS, 2023, against petitioner and eight others based on the first information dated 30.11.2025 received from Shashank S/o Dayakara. Petitioner herein is arraigned as accused No.1 in the FIR. During the course of investigation, petitioner was arrested on 01.12.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed as against six persons and petitioner is arraigned as accused No.1 in the charge sheet. His - 3 - HC-KAR CNR: KAHC010424922026 NC: 2026:KHC:39487 CRL.P No. 9057 of 2026 bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is a lot of discrepancies in the statement of the alleged eyewitnesses in the present case. He submits that material objects have not been seized in the present case. Investigation of the case is now completed and charge sheet is filed. Petitioner has no other criminal antecedents. Other accused persons have been granted regular bail in the present case. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition, submits that the allegation of assaulting deceased and injured witness with deadly weapons is found against the petitioner herein. There are multiple eyewitnesses to the incident in question. Accordingly, she prays to dismiss the petition. 6. The material on record would go to show that there is a civil dispute between the accused persons and the family members of deceased Dayakara. On 30.11.2025, at about - 4 - HC-KAR CNR: KAHC010424922026 NC: 2026:KHC:39487 CRL.P No. 9057 of 2026 07.30 a.m., when accused Nos.2 and 7 were cutting silver trees in the property bearing Sy.No.43/5, at the instance of accused No.1, Dayakara, who came there questioned them and objected for cutting the trees. It is in this background, there was a quarrel between the parties and accused No.5, who came there had asked accused No.2 to cut and remove the trees in the aforesaid property. Subsequently, accused No.1 came to the said spot armed with a long which belonged to accused No.5 and on his instructions, accused No.6, who is his wife, allegedly threw chilli powder on the deceased and thereafter, accused No.1 assaulted him with weapons which he had brought and committed his murder. When CW2 tried to interfere, even he was assaulted by the petitioner and as a result, he suffered injuries. 7. CW2 is an injured eye witness and CW3 to CW8 are the eye witnesses to the incident in question. A reading of their statement would go to show that all these witnesses have consistently stated about assault made by the petitioner on the deceased as well as on CW2. The allegation of assaulting deceased with deadly weapons is not found as against other - 5 - HC-KAR CNR: KAHC010424922026 NC: 2026:KHC:39487 CRL.P No. 9057 of 2026 accused and it is under these circumstances, they have been enlarged on bail. The same is not the fact situation insofar as the petitioner is concerned and therefore, I am of the opinion that his prayer for grant of regular bail cannot be granted. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 61