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2026 DAILYLAW 33127 (KAR)

SRI HARA DHAN TRIPURA v. STATE OF KARNATAKA

CRL.P/8506/2026 · 2026-08-11

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010404102026 NC: 2026:KHC:43013 CRL.P No. 8506 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8506 OF 2026 BETWEEN: 1. SRI HARA DHAN TRIPURA S/O KRISHNA MOHAN TRIPURA AGED ABOUT 35 YEARS R/A HAPPY RETREATS KAI RESORT CHOKKAHALLI VILLAGE CHIKKABALLAPUR DISTRICT - 563 129. 2. SRI DHANCHANDRA TRIPURA S/O PANDIKUMAR TRIPURA AGED ABOUT 32 YEARS R/A HAPPY RETREATS KAI RESORT CHOKKAHALLI VILLAGE CHIKKABALLAPUR DISTRICT - 563 129 DELETED VIDE COURT ORDER DATED02.07.2026. …PETITIONERS (BY SRI DEVENDRA N, ADV.) AND: STATE OF KARNATAKA BY NANDIGIRIDHAMA POLICE STATION CHIKKABALLAPUR DISTRICT - 562 101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON REGULAR BAIL IN S.C.NO.93/2025 IN CRIME NO.103/2025 OF NANDIGIRIDHAM POLICE STATION CHIKKABALLAPURA DISTRICT FOR THE OFFENCE P/US/ 103(1),238 R/W SEC.3(5) OF BNS 2023 ON THE FILE OF THE III ADDL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010404102026 NC: 2026:KHC:43013 CRL.P No. 8506 of 2026 THIS PETITION, 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 S.C.No.93 of 2025 pending before the Court of III Addl. District & Sessions Judge, Chikkaballapura, arising out of Crime No.103 of 2025 registered by Nandi Giridhama Police Station, Chikkaballapur District for the offences punishable 103(1) & 238 R/w Section 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.103 of 2025 was registered by Nandi Giridhama Police Station, Chikkaballapur District for the aforesaid offences against the petitioner herein and two others, based on the first information dated 09.06.2025 received from Sri Pradeep Gowriraju. In the said case, the petitioner was arrested on 09.06.2025 and remanded to judicial custody. After completing investigation, charge sheet was filed against three - 3 - HC-KAR CNR: KAHC010404102026 NC: 2026:KHC:43013 CRL.P No. 8506 of 2026 persons and petitioner is arraigned as accused no.1 in the charge sheet. His bail application filed before the Trial Court in S.C.No.93 of 2025 was rejected on 08.06.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, the deceased Narth Mohan Tripura, accused Nos.1 to 3 and CWs.2 to 8 were all the employees of CW.1 who owned a resort in the name of 'Happy Retreats' It appears that, on 08.06.2025, deceased and CW2 had gone to nearby daba for consuming alcohol. Accused nos.1 and 2 also subsequently joined them and all of them together consumed alcohol and returned. Subsequently, accused nos.1 and 2 and the deceased purchased more liquor from a wine store and started consuming the same in a vacant property situated near to the resort. At the same time, accused no.1 was found talking over his mobile phone with his relatives. Narth Mohan Tripura who therefore got irritated allegedly abused accused no.1 and snatched his mobile phone. Therefore, there was a quarrel between accused no.1 and Narth Mohan Tripura. Though, CW2 and accused no.2 tried to intervene, accused no.1 and Narth - 4 - HC-KAR CNR: KAHC010404102026 NC: 2026:KHC:43013 CRL.P No. 8506 of 2026 Mohan Tripura continued to quarrel. Therefore, CW.2 left the place. Since accused no.2 could not pacify accused no.1 and Narth Mohan Tripura, he allegedly tried to contact CW.2 over mobile phone and in the meanwhile, accused no.1 stabbed, Narth Mohan Tripura with a sharp wooden piece and committed his murder. Subsequently, the body of Narth Mohan Tripura was shifted by accused nos.1 and 2 to his room. Accused no.3, who subsequently came to the room and found the dead body of the deceased, had not informed about the same to anybody. It is under these circumstances, accused nos.1 to 3 have been charge sheeted in the present case. 5. Entire case of the prosecution is based on circumstantial evidence. Charge sheet material would go to show that, accused nos.1 and 2 and deceased had consumed alcohol together and thereafter for the reason that Narth Mohan Tripura had snatched the mobile phone of accused no.1 when he was talking to his relatives over phone, there was quarrel between accused no.1 and Narth Mohan Tripura. Accused no.1 had picked up a wooden piece which was lying nearby and assaulted Narth Mohan Tripura with the same. It is not in - 5 - HC-KAR CNR: KAHC010404102026 NC: 2026:KHC:43013 CRL.P No. 8506 of 2026 dispute that accused no.1 was not armed and he had consumed alcohol together with deceased, CW.2 and accused No.2. It was only after deceased had snatched his mobile phone, he got enraged and in the fight that took place subsequently, he had assaulted deceased with a sharp wooden piece which was lying nearby. The petitioner who has no other criminal antecedents and said to be the sole earning member of the family is in custody for the last more than one year. Trial in the case is yet to commence. The other accused persons are already enlarged on bail. Accordingly, the following: ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.93 of 2025 pending before the Court of III Addl. District & Sessions Judge, Chikkaballapura, arising out of Crime No.103 of 2025 registered by Nandi Giridhama Police Station, Chikkaballapur District for the offences punishable 103(1) & 238 R/w Section 3(5) of BNS, 2023, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010404102026 NC: 2026:KHC:43013 CRL.P No. 8506 of 2026 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties ( Out of which one surety must be local surety) 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. 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 NMS List No.: 1 Sl No.: 44