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2026 DAILYLAW 35760 (KAR)

SUDHAKAR v. STATE OF KARNATAKA

CRL.P/10483/2026 · 2026-08-17

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010480092026 NC: 2026:KHC:43805 CRL.P No. 10483 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10483 OF 2026 BETWEEN: SUDHAKAR S/O RAMAKRISHNAPPA, AGED ABOUT 27 YEARS, RESIDING AT DODDGUTTAHALLI VILLAGE, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT-563125 (PETITIONER IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: STATE OF KARNATAKA BY CHINTAMANI RURAL PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL AND RELEASE THE PETITIONER/ACCUSED NO.1 IN SC.NO.61/2025 ARISING OUT OF CR.NO.231/2025 REGISTERED BY THE RESPONDENT IN CHINTAMANI RURAL P.S., PENDING BEFORE THE HONBLE II Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010480092026 NC: 2026:KHC:43805 CRL.P No. 10483 of 2026 ADDL. DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA, SITTING AT CHINTAMANI, FOR THE OFFENCES P/U/S 103(1),238,61(2)(A),318(4),326(F),3(5) OF BNS, 2023. 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 SC No.61/2025 pending before the Court of II Additional District and Sessions Judge, Chikkaballapur sitting at Chintamani, arising out of Crime No.231/2025 registered by the Chintamani Rural Police Station, Chickballapura District, for the offences punishable under Sections 103(1), 238, 61(2)(a), 318(4), 326(f), 3(5) of the BNS, 2023, is before this Court in this petition filed under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.231/2025 was registered by Chintamani Rural Police Station, Chickballapur District, for the aforesaid offences against unknown persons based on the first information dated 23.06.2026 received from Veeranna, who - 3 - HC-KAR CNR: KAHC010480092026 NC: 2026:KHC:43805 CRL.P No. 10483 of 2026 had found a dead body of an unknown male within the jurisdiction of Chintamani Rural Police Station. During the course of investigation, the petitioner was arrested on 28.06.2025. After completion of investigation, charge sheet is filed against three persons. The petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in SC.No.61/2025 was rejected on 27.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the allegation in the charge sheet against accused Nos.1 to 3 are similar. The entire case of the prosecution is based on circumstantial evidence. Accused Nos.2 and 3 have been granted regular bail in Crl.P.No.8110/2026 and Crl.P.No.5887/2026 respectively. Accordingly, prays to allow the petition. 5. Per contra, learned Additional SPP, who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. She however submits that the petitioner is the person, who had motive against the deceased and therefore, prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010480092026 NC: 2026:KHC:43805 CRL.P No. 10483 of 2026 6. The material on record would go to show that FIR in the present case was registered against unknown persons after the dead body of an unknown male was found within the jurisdiction of Chintamani Rural Police Station. During the course of investigation, accused Nos.1 to 3 were arrested and after completion of investigation, charge sheet is filed against them for the aforesaid offences. 7. Allegation against accused Nos.1 to 3 in the charge sheet is similar. Accused Nos.2 and 3 have been granted regular bail in Crl.P.No.8110/2026 and Crl.P.No.5887/2026. In paragraphs 4 and 5 of the order passed in Crl.P.No.5887/2026, it is observed as under: 4. FIR in the present case was registered against unknown persons after the dead body of unknown male was found within the jurisdiction of Chintamani Rural Police Station, Chikkaballapura. Initially, a UDR case was registered and during the course of investigation, accused persons were arrested and based on their confession statement, charge sheet has been filed against them. The entire case of the prosecution is based on circumstantial evidence. As per the charge sheet allegations, accused No.1 had induced deceased Ramanji S/o late Shivappa, to pay him money with an assurance that he would provide a job to him at London. In the charge sheet, it is alleged that accused No.1 had altogether received a sum of Rs.4,00,000/- from Ramanji and since he had not provided him a job at London as assured, Ramanji was pestering him to repay the money. - 5 - HC-KAR CNR: KAHC010480092026 NC: 2026:KHC:43805 CRL.P No. 10483 of 2026 5. It is in this background, accused No.1 conspired with accused No.2 to commit the murder of Ramanji and on the alleged date of incident, accused Nos.1 to 3 took Ramanji in a car and thereafter, strangulated his neck and committed his murder. Petitioner, who is a person without any criminal antecedents is in custody for the last nearly one year. Except accused No.1, other accused had no motive to commit the murder of Ramanji. The case of the prosecution is entirely based on circumstantial evidence. The allegations now made in the charge sheet are required to be proved in a full fledged trial against the accused persons. ……." 8. It is not in dispute that the petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. 9. Accordingly, the following: ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in SC No.61/2025 pending before the Court of II Additional District and Sessions Judge, Chikkaballapur sitting at Chintamani, arising out of Crime No.231/2025 registered by the Chintamani Rural Police Station, Chickballapura District, for the offences punishable under - 6 - HC-KAR CNR: KAHC010480092026 NC: 2026:KHC:43805 CRL.P No. 10483 of 2026 Sections 103(1), 238, 61(2)(a), 318(4), 326(f), 3(5) of the BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties 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 their 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE ND/List No.: 1 Sl No.: 64