- 1 - HC-KAR NC: 2026:KHC:20008 CRL.P No. 3425 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3425 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: PRAMODA S/O KRISHNAPPA, AGED ABOUT 40 YEARS, R/AT BYALAHALLI VILLAGE, MAYASANDRAHOBLI, TURUVEKERE TALUK, TUMKURU DISTRICT …PETITIONER (BY SRI. C S MADHU.,ADVOCATE) AND: STATE BY TURUVEKERE POLICE REP. BY THE SPP, HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY., HCGP)] Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20008 CRL.P No. 3425 of 2026 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT THE BAIL TO PETITIONER IN (CRIME NO.0236/2025 OF TURUVEKERE POLICE STATION) ON THE FILE OF V ADDITIONAL DISTRICT AND SESSION JUDGE TUMAKURU AT TURUVEKERE FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1), 126(2) AND 3(5) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This Criminal Petition is filed by the petitioner is arrayed as accused No.2 in Crime No. 236/2025 filed by the respondent-Police for the offence punishable under Section 103 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS), seeking regular bail. Factual matrix of the case: 2. The case of the prosecution is that the complainant, Dilip Kumar S/o Late Srinivasa, lodged a complaint stating that on 02.10.2025 at about 12.15 p.m., - 3 - HC-KAR NC: 2026:KHC:20008 CRL.P No. 3425 of 2026 he received a message that his father had been killed by his uncle, namely Krishnappa and another, who is the petitioner herein, in respect of the dispute over the immovable property. Based on the said information, the respondent - Police have registered a case, conducted the investigation and submitted the charge-sheet. 3. Heard Sri. Harish Gowda K.M., learned counsel appearing for Sri. C.S.Madhu., learned counsel for the petitioner and Sri. Harish Ganapathy learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioner submits that, as per the averments of the complaint and also the charge sheet, the overt act of the present petitioner would indicate that he was assisting accused No. 1 to assault the deceased with a sickle. Having seen the said injuries, the present petitioner held the deceased firmly. In the meantime, accused No.1 has assaulted and killed the deceased Srinivasa, who is none other than the younger - 4 - HC-KAR NC: 2026:KHC:20008 CRL.P No. 3425 of 2026 brother of accused No.1. The petitioner is the earning member of the family. He has been in judicial custody since 02.10.2025. He is a permanent resident of the Tumakuru District. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such a submission, learned counsel for the petitioner prays to allow the petition. 5. Per Contra, learned High Court Government Pleader for the respondent - State vehemently submitted that the petitioner had facilitated the accused No.1 to assault the deceased, as a result of which the deceased died on the spot. The petitioner has committed a heinous offence. The offence is punishable with death or imprisonment for life. Therefore, it is not appropriate to grant the relief as prayed for. Making such a submission, the learned High Court Government Pleader for the respondent State prays to reject the petition. - 5 - HC-KAR NC: 2026:KHC:20008 CRL.P No. 3425 of 2026 6. Heard the learned counsel for the respective parties and perused the averments of the charge-sheet. It appears from the record that there was a dispute between the complainant and accused No.1 in respect of immovable property. On 02.10.2025, around about 07.30 a.m., when the deceased was on his way to his house from his farm land accused Nos. 1 and 2 restrained him, wrongfully restrained him and asked about the division of the property. The quarrel had ensued between the deceased and accused No.1. The accused No.1 assaulted the deceased with a sickle on his legs. Consequently, accused No.1 had sustained grievous injuries. In the meantime, the petitioner herein held the deceased firmly and accused No.1 assaulted with an iron rod. Consequently, the petitioner sustained grievous injuries and died on the spot. 7. Be that as it may, on considering the overt act of the present petitioner, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. - 6 - HC-KAR NC: 2026:KHC:20008 CRL.P No. 3425 of 2026 8. Hence, I proceed to pass the following: ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No. 236/2025 filed by the respondent-Police for the offence punishable under Section 103 r/w 3(5) of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. - 7 - HC-KAR NC: 2026:KHC:20008 CRL.P No. 3425 of 2026 v. The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM