Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010497582026 NC: 2026:KHC:45349 CRL.P No. 10892 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10892 OF 2026 BETWEEN:
1.
NANDEESHA @ NANDU S/O. SHIVANNA, AGED ABOUT 23 YEARS, R/AT RAGHAVAPURA VILLAGE, GUNDLUPET TALUK, CHAMARAJNAGAR DISTRICT PIN - 571 109.
2.
KIRAN T, S/O. TIRUPATI, AGED ABOUT 23 YEARS, WORKER IN GREEN PRO FACTORY, R/AT THONDAVADI VILLAGE, GUNDLUPET TALUK, CHAMARAJNAGAR DISTRICT PIN - 571 111. …PETITIONERS (BY SRI. PARAMESWARAPPA C., ADVOCATE) AND:
THE STATE OF KARNATAKA BY GUNDLUPET POLICE STATION, GUNDLUPET, CHAMARAJANAGARA DISTRICT - 571 111.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by ANNAPURNA G Location: High Court of Karnataka
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HC-KAR CNR: KAHC010497582026 NC: 2026:KHC:45349 CRL.P No. 10892 of 2026 HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE ABOVE PETITION AND THEREBY ENLARGE THE PETITIONERS/ ACCUSED NO.2 AND 3 ON BAIL IN CONNECTION WITH CR.NO.77/2026 REGISTERED FOR THE OFFENCES P/U/S 61(2)(a), 115(2), 126(2), 103(1) R/W 3(5) OF BNS 2023 PENDING BEFORE THE LRD. CIVIL JUDGE AND JMFC AT GUNDLUPET FOR COMMITTAL OF THE CASE TO LRD. SESSIONS COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER
Accused Nos.2 and 3 in Crime No.77 of 2026 registered by Gundlupete Police Station, Chamarajanagar for the offences punishable under Section 61(2)(a), 115(2), 126(2), 103(1) read with Section 3(5) of BNS,
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HC-KAR CNR: KAHC010497582026 NC: 2026:KHC:45349 CRL.P No. 10892 of 2026 2023, 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.77 of 2026 was registered by Gundlupete Police Station, Chamarajanagar for the offence punishable under Section 103(1) of BNS, 2023 against unknown person, based on the first information dated 11.03.2026 received from Rajesha son of Kariyayya. After the dead body of deceased Nanjundaswamy was found within the jurisdiction of Gundlupete Police Station, Chamarajanagar. During the course of investigation, the petitioners herein were arrested on 14.03.2026 and remanded to judicial custody. After completing investigation, charge sheet was filed against three persons and the petitioners herein are arrayed as accused Nos.2 and 3 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.253
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HC-KAR CNR: KAHC010497582026 NC: 2026:KHC:45349 CRL.P No. 10892 of 2026 of 2026 was rejected on 04.07.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that accused No.1 is the brother-in-law of accused No.2. CW.17 is the younger sister of accused No.1 and wife of the accused No.2. 5. Perusal of the charge sheet would go to show that deceased, who was the friend of accused No.1 was teasing CW17 and this was continued even after her marriage. Therefore, accused No.1 had quarreled with deceased Nanjundaswamy and there was a panchayat held by CW7 and CW8 thereafter. On 10.03.2026, when CW17 had gone to the village temple, the deceased Nanjundaswamy allegedly teased her once again, which was informed by CW17 to her husband-accused No.2. Therefore, accused Nos.1 and 2 decided to teach Nanjundaswamy a lesson and conspired to kill him. - 5 -
HC-KAR CNR: KAHC010497582026 NC: 2026:KHC:45349 CRL.P No. 10892 of 2026
6. On 11.03.2026 at about 11.00 a.m., accused No.1, who went to the house of Nanjundaswamy, picked him from his house in a motorcycle. The accused Nos.2 and 3 allegedly followed the motorcycle of accused No.1 in which the deceased was riding pillion.
Subsequently, the accused No.1 allegedly made Nanjundaswamy to consume alcohol and thereafter in furtherance of the conspiracy with accused No.2, after quarrelling with the deceased for teasing his sister, he allegedly stabbed Nanjundaswamy with a knife and committed his murder. Accused Nos.2 and 3 allegedly held the hands and legs of Nanjundaswamy to enable accused No.1 to assault him with the knife. There is no allegations made against the accused Nos.2 and 3 about assaulting deceased with knife. 7. In the first information that was submitted by Rajesha brother of deceased Nanjundaswamy, it is mentioned that accused No.1 was the person who had picked up Nanjundaswamy from their house at about 11.00 a.m. on 11.03.2026. Thereafter, Nanjundaswamy
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HC-KAR CNR: KAHC010497582026 NC: 2026:KHC:45349 CRL.P No. 10892 of 2026 had not returned home and therefore the deceased Nanjundaswamy was last seen along with accused No.1, who allegedly had stabbed him to death. So far as the petitioners are concerned, there is no allegation of they stabbing the deceased with any weapon. Entire case of the prosecution is based on circumstantial evidence. 8. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:
O R D E R
The Criminal Petition is allowed. The petitioners are
directed to be enlarged on bail in Crime No.77 of 2026 registered by Gundlupete Police Station, Chamarajanagar for the offences punishable under Section 61(2)(a), 115(2), 126(2), 103(1) read with Section 3(5) of BNS, 2023, subject to the following conditions:
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HC-KAR CNR: KAHC010497582026 NC: 2026:KHC:45349 CRL.P No. 10892 of 2026
a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with 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 AMM List No.: 1 Sl No.: 73