- 1 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9749 OF 2026 C/W CRIMINAL PETITION NO. 9912 OF 2026 IN CRL.P No. 9749/2026: BETWEEN: SRI SATHISH KUMAR S/O GANESH AGED ABOUT 29 YEARS R/AT JAIBHEEMA NAGAR BHADRAVATHI TOWN AND TALUK SHIVAMOGGA DISTRICT - 577 052. …PETITIONER (BY SRI SUNIL KUMAR B.N, ADV.) AND: THE STATE OF KARNATAKA OLD TOWN POLICE STATION BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT, REP. BY S.P.P. HIGH COURT BUILDING COMPLEX, AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER, PENDING ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI, IN S.C. NO.5026/2026 REGISTERED BY THE OLD TOWN POLICE STATION, BHADRAVATHI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 189(3), 189(4), 191(3), 103(1), 109(1), 351(3), 190 AND Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 115(2) OF THE B.N.S. 2023 AND SECTION 25(1)(a) OF THE ARMS (AMENDMENT) ACT. IN CRL.P NO. 9912/2026: BETWEEN: CHALLAPPA @ A SELLAPPA AGED ABOUT 39 YEARS LABOURER, R/O JAIBHEEMA NAGARA BHADRAVATHI TOWN - 577 241. ...PETITIONER (BY SRI PRASAD B.S, ADV.) AND: STATE OF KARNATAKA BY OLD TOWN POLICE STATION BHADRAVTHI, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.5026/2026 (SC.NO.5026/2026) PENDING IN THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE SHIVAMOGGA STTING AT BHADRAVATHI IN C.C.NO.185/2025 BHADRAVATHI OLD TOWN P.S., FOR THE OFFENCES P/U/S 115(2), 189(2), 189(3), 189(4), 191(3), 103(1), 109(1), 351(3) R/W 190 BNS 2023 AND SEC.25(1A) OF ARMS ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 ORAL ORDER 1. Accused nos.7 & 8 in Crime No.185/2025 registered by Bhadravathi Old Town Police Station, Shivamogga District for offences punishable under Section 115(2), 189(2), 189(3), 189(4), 191(3), 103(1), 109(1), 351(3) and 190 of BNS 2023 and Section 25(1)(a) of Indian Arms (Amendment) Act, 2019, are 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.185/2025 was registered by Bhadravathi Old Town Police Station, Shivamogga District against one Sanjay and eight others, based on the first information dated 13.12.2025 received from Sri Suresh N, who is the injured witness in the present case. Petitioners who are arrayed as accused nos.7 & 8 in the first information were arrested on 19.12.2025 & 14.02.2026, respectively, and remanded to judicial custody. After completing investigation, charge sheet is filed as against nine persons. Petitioners herein are arrayed as accused nos.7 & 8 in the charge sheet. Their bail applications - 4 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 filed before the Trial Court in S.C.No.5026/2026 was dismissed on 06.06.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, there is a long standing enmity between the family of CW1 Suresh and the family of accused no.1 - Sanjay. Accused nos.2, 3, 5 and 6 are the close relatives of accused no.1 - Sanjay and accused nos.4, 7, 8 & 9 are his friends. It appears that, a dispute arose after CW-14 Spoorthy eloped with CW-15 - Nandish and married him on 12.12.2025 had returned to Halenagara police station, after getting married and therefore some of the accused had gone near the said police station along with accused no.4. 5. It appears that CW1 - Suresh and his uncle Manjunath also came there and this was objected by accused persons and they also allegedly abused CW1 - Suresh. It is in this background, accused persons allegedly had conspired together to teach a lesson to CW1 Suresh and his uncle Manjunath. Subsequently, at about 08.45 p.m. on 12.12.2025, accused no.1 allegedly called CW1 - Suresh over his mobile phone on - 5 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 the pretext of talking to him. Accused nos.5 to 8 allegedly informed the other accused persons that they will come back after dinner and they asked the other accused persons to inform them immediately after CW1 arrives. It appears that after accused nos.5 to 8 had left, CW1 had come to the spot where accused no.1 had summoned him and accused nos.1 to 4 & 9, who were armed with weapons, allegedly quarreled with CW1 and assaulted him. At that time, Manjunath and his friend Kiran Kumar came there and they tried to intervene and save CW1 Suresh. 6. It is alleged that accused nos.1 to 4 & 9 had also assaulted Manjunath and his friend Kiran Kumar and as a result, Manjunath and Kiran Kumar, who had suffered grievous injuries, succumbed to the same in the hospital. CW1 - Suresh also had suffered grievous injuries in the incident in question. 7. The allegation of assaulting deceased Manjunath, deceased Kiran Kumar and the injured Suresh - CW1 with deadly weapons is only as against accused nos.1 to 4 and 9. - 6 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 8. Accused nos.5 & 6 with similar allegations had approached this Court in Crl.P.No.5287/2026 disposed of on 24.06.2026. In paragraph nos.4 to 7 of the said order, it is observed as under: "4. Perusal of the material on record would go to show that, there is a long standing enmity between the family of CW1 Suresh and the family of accused no.1 Sanjay. Accused nos.2, 3, 5 and 6 are the close relatives of accused no.1 - Sanjay and accused nos.4, 7, 8 and 9 are his friends. It appears that, a dispute arose after CW14 Spoorthy eloped with CW-15 - Nandish and married him on 12.12.2025 had returned to Halenagara police station, after getting married and therefore some of the accused had gone near the said police station along with accused no.4. 5. It appears that CW1 - Suresh and his uncle Manjunath also came there and this was objected by accused persons and they also allegedly abused CW1 - Suresh. It is in this background, accused persons allegedly had conspired together to teach a lesson to CW1 Suresh and his uncle Manjunath. Subsequently, at about 08.45 p.m. on 12.12.2025, accused no.1 allegedly called CW1 - Suresh over his mobile phone on the pretext of talking to him, accused nos.5 and 6 - 7 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 allegedly informed the other accused persons that they will come back. after dinner and they asked the other accused persons to inform them immediately after CW1 arrives. It appears that after accused nos.5 and 6 had left, CW1 had come to the spot where accused no.1 had summoned him and accused nos.1 to 4 and 9, who were armed with weapons, allegedly quarreled with CW1 and assaulted him. At that time, Manjunath and his friend Kiran Kumar came there and they tried to intervene and save CW1 Suresh. 6. It is alleged that accused nos.1 to 4 and 9 had also assaulted Manjunath and his friend Kiran Kumar and as a result, Manjunath and Kiran Kumar, who had suffered grievous injuries, succumbed to the same in the hospital. CW1 - Suresh also had suffered grievous injuries in the incident in question. 7. The allegation of assaulting deceased Manjunath, deceased Kiran Kumar and the injured Suresh - CW1 with deadly weapons is only as against accused nos.1 to 4 and 9." 9. Charge sheet material would go to show that, accused nos.5 to 8 were not even present at the spot of crime when accused nos.1 to 4 & 9 quarreled with CW1 and thereafter - 8 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 assaulted him causing grievous injuries and also assaulted Manjunath and Kiran Kumar with deadly weapons, who are the deceased in the present case. Accused nos.5 to 8 allegedly had gone to their house to have food when the incident in question had taken place. 10. It is not in dispute that petitioners, who are arraigned as accused nos.7 & 8 in the charge sheet do not have any criminal antecedents. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order: 11. Criminal petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.185/2025 registered by Bhadravathi Old Town Police Station, Shivamogga District for offences punishable under Section 115(2), 189(2), 189(3), 189(4), 191(3), 103(1), 109(1), 351(3) and 190 of BNS 2023 and Section 25(1)(a) of the Indian Arms (Amendment) Act, 2019, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) - 9 - HC-KAR CNR: KAHC010454172026 NC: 2026:KHC:42359 CRL.P No. 9749 of 2026 C/W CRL.P No. 9912 of 2026 each with two sureties for the likeesum, 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 KK