- 1 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8899 OF 2026 C/W CRIMINAL PETITION NO.9040 OF 2026 CRIMINAL PETITION NO.9194 OF 2026 CRIMINAL PETITION NO.9262 OF 2026 CRIMINAL PETITION NO.9587 OF 2026 CRIMINAL PETITION NO.9612 OF 2026 IN CRL.P NO.8899/2026 BETWEEN: 1. LOKESH S/O. DHARMAPPA AGED ABOUT 29 YEARS R/AT KALMARUDESHWARA LAYOUT SAKARAYAPATTANA, KADUR TALUK CHIKKAMAGALURU DISTRICT-577 135 2. DARSHAN R. @ JUTTU S/O. RAVIKUMAR AGED ABOUT 21 YEARS R/AT HOSUR VILLAGE SAKARAYAPATTANA KADUR TALUK CHIKKAMAGALURU DISTRICT-577 135 …PETITIONERS (BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS AND: THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER SAKRAYAPATNA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI RANGASWAMY R., H.C.G.P.) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CONNECTION WITH CRIME NO.231/2025 PERTAINING TO SAKRAYAPTNA POLICE STATION, FOR THE OFFENCE P/U/S. 103(1), 189(2), 189(4) 191(2) OF BNS, 2023, AND SUBSEQUENTLY INVOKED SECTIONS 191(3), 190, 49, 54, 55, 61(2), 324(4), 249(A) OF BNS, 2023 AND SECTION 25(1B)(b) OF INDIAN ARMS ACT, NOW PENDING ON THE FILE OF THE HON'BLE COURT OF 2ND ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., COURT AT KADUR, CHIKKAMAGALURU AND THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU HAS REJECTED THE BAIL PETITION ON 10.06.2026 IN S.C.NO.49/2026. IN CRL.P NO.9040/2026 BETWEEN: MITHUN S. P. S/O. PUTTASWAMY S. H. AGED ABOUT 32 YEARS OCC. AGRICULTURIST R/O. BEHIND POST OFFICE NEAR RANGANATHASWAMY TEMPLE SAKKARAYAPATNA KADUR TALUK-577 548 - 3 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS ...PETITIONER (BY SRI C. H. JADHAV, SR. ADVOCATE FOR SRI ADARSH C. JADHAV, ADVOCATE) AND: STATE OF KARNATAKA BY SAKKARAYAPATNA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 ...RESPONDENT (BY SRI RANGASWAMY R., H.C.G.P.) THIS CRL.P. IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE HIM ON BAIL IN S.C.NO.49/2026 IN CRIME NO.231/2025 REGISTERED BY SAKKARAYANAPATNA POLICE PENDING ON THE FILE OF THE LEARNED II ADDITONAL DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU FOR THE OFFENCES P/U/S. 103(1), 189(2), 189(4), 191(2), 191(3), 49, 54, 55, 61(2), 324(4), 249(A) R/W SECTION 190 OF BNS ACT 2023 AND SECTION 25(1B)(b) OF INDIAN ARMS ACT AND THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU HAS REJECTED THE BAIL PETITION ON 10.06.2026 IN S.C.NO.49/2026. IN CRL.P NO.9194/2026 BETWEEN: YOGEESH R. S/O. LATE RAJU AGED ABOUT 30 YEARS RESIDING AT NEAR KALMARADI MATA, MATHADA GUTTHI SAKRAYAPATTANA, KADUR TALUK CHIKKAMAGALURU DISTRICT-577 135 - 4 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS 2. MOHAMMAD FAIZAL @ FAIZAL S/O. LATE ASHRAF AGED ABOUT 21 YEARS RESIDENT OF BANUR ROAD SAKRAYAPATTANA, KADUR TALUK CHIKKAMAGALURU DISTRICT-577 135 ...PETITIONERS (BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER SAKRAYAPATNA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 ...RESPONDENT (BY SRI RANGASWAMY R., H.C.G.P.) THIS CRL.P. IS FILED U/S. 439 CR.P.C. (FILED U/S. 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CONNECTION WITH CR.NO.231/2025 PERTAINING TO SAKRAYAPATNA P.S. FOR THE OFFENCE P/U/S. 103(1), 189(2), 189(4), 191(2), 191(3), 190, 49, 54, 55, 61(2), 324(4), 249(A) OF BNS ACT 2023 AND SECTION 25(1B)(b) OF INDIAN ARMS ACT, NOW PENDING ON THE FILE OF THE HON'BLE COURT OF 2ND ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., COURT AT KADUR, CHIKKAMAGALURU AND THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU HAS REJECTED THE BAIL PETITION ON 10.06.2026 IN S.C.NO.49/2026. IN CRL.P NO.9262/2026 BETWEEN: NAGABHUSHAN S.R. @ BHUSHAN S/O. RUDRARADHYA N. L. - 5 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS AGED ABOUT 29 YEARS RESIDING AT NEAR HALASWAMY MATHA SAKARAYAPATTANA, KADUR TALUK CHIKKAMAGALURU DISTRICT-577 135 ...PETITIONER (BY SMT. LAKSHMI A., ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER SAKRAYAPATNA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 ...RESPONDENT (BY SRI RANGASWAMY R., H.C.G.P.) THIS CRL.P. IS FILED U/S. 439 CR.PC (FILED U/S. 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.231/2025 PERTAINING TO SAKRAYAPATNA P.S. FOR THE OFFENCE P/U/S.103(1), 189(2), 189(4), 191(2), 191(3), 190, 49, 54, 55, 61(2), 249(A), 324(4) OF BNS 2023 AND SECTION 25(1B)(b) OF INDIAN ARMS ACT NOW PENDING ON THE FILE OF THE HON'BLE COURT OF 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU AND THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU HAS REJECTED THE BAIL PETITION ON 10.06.2026 IN S.C.NO.49/2026. IN CRL.P NO.9587/2026 BETWEEN: DARSHAN NAIK @ JAPANI S/O. NAGARAJA NAIK AGED ABOUT 30 YEARS RESIDING NEAR KAMARADDY MATT LAYOUT SAKARAYAPATTANA, KADUR TALUK - 6 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS CHIKKAMAGALURU DISTRICT-577 135 ...PETITIONER (BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER SAKRAYAPATNA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 ...RESPONDENT (BY SRI RANGASWAMY R., H.C.G.P.) THIS CRL.P. IS FILED U/S. 439 CR.P.C (U/S. 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.231/2025 PERTAINING TO SAKRAYAPATNA P.S., FOR THE OFFENCES P/U/S. 103(1), 189(2), 189(4), 191(2), 191(3), 49, 54, 55, 61(2), 324(4), 249(A) READ WITH SECTION 190 OF BNS ACT 2023 AND SECTION 25(1B)(b) OF INDIAN ARMS ACT, NOW PENDING ON THE FILE OF THE HON'BLE COURT OF 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU AND THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU HAS REJECTED THE BAIL PETITION ON 10.06.2026 IN S.C.NO.49/2026. IN CRL.P NO.9612/2026 BETWEEN: SANJAY S. G. S/O. LATE GANGADHARA S. B. AGE ABOUT 30 YEARS RESIDING NEAR AYYANAKERE ROAD SAKARAYAPATTANA, - 7 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS KADUR TALUK CHIKKAMAGALURU DISTRICT-577 135 ...PETITIONER (BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER SAKRAYAPATNA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 ...RESPONDENT (BY SRI RANGASWAMY R., H.C.G.P.) THIS CRL.P. IS FILED U/S. 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO PASS AN ORDER ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.231/2025 PERTAINING TO SAKRAYAPATNA POLICE STATION, FOR THE OFFENCES P/U/S. 103(1), 189(2), 189(4), 191(2), 191(3), 49, 54, 55, 61(2), 324(4), 249(A) READ WITH SECTION 195 OF BNS ACT 2023 AND SECTION 25(1B)(b) OF INDIAN ARMS ACT, NOW PENDING ON THE FILE OF THE HON'BLE COURT OF 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU AND THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU HAS REJECTED THE BAIL PETITION ON 10.06.2026 IN S.C.NO.49/2026. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 8 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS ORAL ORDER 1. Accused Nos.1, 3, 4, 6, 7, 10, 11 and 12 in S.C.No.49/2026 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru arising out of Crime No.231/2025 registered by the Sakkaraya Patna Police Station, Chikkamagaluru, for offences punishable under Sections 103(1), 189(2), 189(4), 191(2), 191(3), 190, 49, 54, 55, 61(2), 324(4), 249(a) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Section 25(1B)(b) of Indian Arms Act, 1959, are before this Court in these above captioned criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.231/2025 was registered by Sakkaraya Patna Police Station, Chikkamagaluru, for the offences punishable under Section 118(1), 103(1) read with Section 3(5) of BNS, 2023 against one Sanjay Gowda - 9 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS and others based on the first information dated 06.12.2025 received from Varun, who is the nephew of the deceased Ganesha alias Ganesha Gowda. In the said case, the petitioners were arrested during the course of investigation and remanded to judicial custody. After completing investigation, charge sheet has been filed against 13 persons and the petitioners were arraigned as accused Nos.1, 3, 4, 6, 7, 10, 11 and 12 in the charge sheet. Their bail application filed before the Trial Court in S.C.No.49/2026 was rejected on 10.06.2026. Therefore, the petitioners are before this Court. 4. Learned senior counsel appearing on behalf of the petitioners submits that there is a case and counter case in respect of the alleged incident which are registered in Crime No.231/2025 and 233/2025 by the very same police station. Accused Nos.1 and 3 in the present case have also suffered injuries in the incident in question. Deceased Ganesha and the charge sheet witnesses in the present case, who are accused in Crime No.233/2025, are the - 10 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS aggressors. Accused in Crime No.233/2025 have all been released on bail. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions submits that there are eye witnesses to the incident in question and accused No.1 is the cause for the incident in question. Charge sheet material would go to show that it was accused No.1, who had instigated the other accused persons to commit the murder of Ganesha and in the incident that took place thereafter, there is allegation that even accused No.1 has tried to assault Ganesha, before he was assaulted by accused Nos.2 and 5. Accordingly, he prays to dismiss the petitions. 6. Perusal of the material on record would go to show that incident in question had taken place in the background of dispute between two groups regarding installing and removing of buntings relating to a certain religious function in their village. Perusal of the charge - 11 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS sheet material would go to show that, on 05.12.2025 at about 09.00 p.m. when accused Nos.1, 3 and CW.19 were removing the buntings which were installed on 04.12.2025 for celebrating some religious function, deceased-Ganesha also came there along with his friends. Accused No.1- Sanjay Gowda allegedly abused Ganesha using filthy language. Therefore, there was a quarrel between accused No.1 and Ganesha, and their friends had pacified them. Ganesha, who got humiliated because of the said incident, appears to have summoned his friends, who are cited as charge sheet witnesses in the present case, for the purpose of assaulting accused No.1, who had abused him earlier. 7. A reading of the first information would go to show that deceased-Ganesha had also summoned Sandeepa (CW.3), who was in the shop of first informant and accordingly Sandeepa had joined Ganesha thereafter and they along with others, who are cited as charge sheet witnesses and are arraigned as accused in Crime - 12 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS No.233/2025, went in search of accused No.1-Sanjay Gowda and on their way, they had met accused No.5-Ajay. Thereafter, an attempt was made by CW.4-Naveen to assault accused No.5, who managed to escape. Subsequently, Ganesha and his friends saw accused No.3 and after confronting him, CW.3-Sandeep, CW.6-Abhishek.S and CW.9-Suresha assaulted accused No.3 and as a result, he had suffered injuries. However, accused No.3 managed to escape. 8. Accused No.1 and his friends, who came to know about the assault made by Ganesha and his friends on their friends - accused Nos.3 and 5 in the present case decided to assault Ganesha and his friends. They therefore armed themselves with weapons and went in search of Ganesha and his friends, who had earlier assaulted accused Nos.3 and 5 in the present case. It appears that after seeing Ganesha and his friends coming in vehicles, accused Nos.1, 2, 5, 10, 11 and 12 started throwing stones towards their vehicles, and friends of deceased- - 13 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS Ganesha, who were riding motorcycles, allegedly escaped. Deceased-Ganesha, CW.3-Sandeep, CW.6-Abhishek.S and CW.9-Suresha, who were inside the car bearing Registration No.KA-18-Z-2425, got down from the said car armed with weapons and confronted accused No.1-Sanjay Gowda and his friends. It appears that the deceased- Ganesha and accused No.1-Sanjay were both armed with long and tried to assault each other. Ganesha managed to assault Sanjay Gowda and as a result, Sanjay Gowda, who suffered grievous injuries, fell down. Immediately, accused Nos.2 and 5, who were also armed with weapons, assaulted Ganesha, who was assaulting accused No.1- Sanjay Gowda. At that time, Police came to the spot and shifted the injured to the hospital. It appears that deceased-Ganesha had died on the way to the hospital and it is under these circumstances, case and counter case were registered in Crime Nos.231/2025 and 233/2025 by Sakkaraya Patna Police Station. Deceased Ganesha and his friends, who are charge sheet witnesses in the present - 14 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS case are arraigned as accused in Crime No.233/2025, in which after completing investigation, charge sheet has been filed invoking offence punishable under Section 109 of BNS, 2023. 9. A reading of the material available on record would go to show that after accused No.1-Sanjay Gowda and deceased-Ganesha had initially fought near the bus stand at about 09.00 p.m. on 05.12.2025. Ganesha, who felt humiliated, summoned his friends, who are accused in Crime No.233/2025, with intention to assault Sanjay Gowda. After Ganesha and his friends had conspired to assault Sanjay Gowda, they had gone in search of him and on their way when they met accused Nos.3 and 5 in the present case, who are the friends of accused No.1-Sanjay Gowda, thus assaulted them with weapons. It is only after coming to know about the said assault made by Ganesha and his friends, who are accused in Crime No.233/2025, accused No.1-Sanjay Gowda and his friends, who are the accused in the present case, had gone in search of - 15 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS Ganesha and his friends and after they confronted each other, both the parties had attacked each other and deceased-Ganesha had managed to assault accused No.1- Sanjay Gowda with a long and as a result of said assault, Sanjay Gowda suffered grievous injuries. It is only thereafter accused Nos.2 and 5 had assaulted Ganesha with weapons and as a result, he had succumbed to the same subsequently. 10. Accused in Crime No.233/2025 have been enlarged on bail by the jurisdictional Sessions Court. Allegation of assaulting deceased Ganesha in the present case with weapons is found against the accused Nos.2 and 5 and there is no such allegation as against the petitioners herein. Investigation of the case is now completed and charge sheet is filed. Accused Nos.8, 9 and 13 have been granted regular bail in the present case by the jurisdictional Sessions Court. - 16 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS 11. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail need to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: ORDER i) The criminal petitions are allowed. ii) The petitioners are directed to be enlarged on bail in S.C.No.49/2026 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru arising out of Crime No.231/2025 registered by the Sakkaraya Patna Police Station, Chikkamagaluru, for offences punishable under Sections 103(1), 189(2), 189(4), 191(2), 191(3), 190, 49, 54, 55, 61(2), 324(4), 249(a) of Bharatiya Nyaya Sanhita, 2023 and Section 25(1B)(b) of Indian Arms Act, 1959, subject to the following conditions: a) The petitioners each shall execute personal bond for a sum of Rs.1,00,000/- with - 17 - HC-KAR CNR: KAHC010420752026 NC: 2026:KHC:41770 CRL.P No. 8899 of 2026 C/W CRL.P No. 9040 of 2026 CRL.P No. 9194 of 2026 AND 3 OTHERS two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE HA List No.: 1 Sl No.: 23