- 1 - HC-KAR CNR: KAHC010422422026 NC: 2026:KHC:44930 CRL.P No. 8996 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8996 OF 2026 BETWEEN: CHANDRAPPA S/O LATE KATAPPA AGED ABOUT 66 YEARS NOW R/O AGRICULTURIST R/O SURANAHALLI VILLAGE CHALLAKERE TALUK CHITRADURGA DIST - 577 538 PHONE: 6366583779. …PETITIONER (BY SRI. NAVEEN H.M, ADVOCATE) AND: STATE OF KARNATAKA BY PARASHURAMPURA POLICE CHITRADURGA DIST., 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) OF CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010422422026 NC: 2026:KHC:44930 CRL.P No. 8996 of 2026 NO.113/2024 OF RESPONDENT PARASHURAMPURA P.S., REGISTERED FOR OFFENCE P/US/ 115(2), 118(1), 76, 103(1), 109(1), 351, 352, 329(3), 3(5) OF BNS 2023 AND ALSO S.C.NO.174/2024 WHICH IS PENDING BEFORE HONBLE SPECIAL 2nd ADDL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA. 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 No.2 in S.C.No.174/2022 pending before the Court of Special, 2nd Addl. District and Sessions Judge, Chitradurga, arising out of Crime No.113/2024 registered by the Parasurampura Police Station, Chitradurga, for the offences punishable under Sections 115(2), 118(1), 76, 103(1), 109(1), 351, 352, 329(3), 3(5) of BNS, 2023 is before this Court in the successive bail application filed under Section 483 of BNSS, 2023. - 3 - HC-KAR CNR: KAHC010422422026 NC: 2026:KHC:44930 CRL.P No. 8996 of 2026 2. Heard learned counsel for the petitioner and learned High Court Government Pleader on behalf of the respondent-State. 3. FIR in Crime No.113/2024 was registered by the Parasurampura Police Station, Chitradurga, for the aforesaid offences against Gangadhara and the petitioner herein based on first information dated 17.07.2024 received from Mamatha (CW.1). During the course of investigation, petitioner herein was arrested on 17.07.2024 and remanded to judicial custody. After completion of investigation, charge sheet is filed against two persons. Accused No.1 Gangadhar, is the son of petitioner. Bail application filed before the trial Court by the petitioner was rejected and therefore, he had filed Criminal Petition No.3225/2025 before this Court, which was dismissed as withdrawn with liberty to petitioner to file fresh bail application after eyewitness CW.1 and CW.2 are examined before the trial Court. It is under these - 4 - HC-KAR CNR: KAHC010422422026 NC: 2026:KHC:44930 CRL.P No. 8996 of 2026 circumstances, petitioner is before this Court in a successive bail application. 4. Learned counsel for the petitioner submits that CW1 and CW2 are now examined before the trial Court as PW.1 and PW.4 respectively. He submits that as on this day, all the material charge sheet witnesses are examined as PWs.1 to 12. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner but submits that, all the eye witnesses have supported the case of the prosecution and has prayed to dismiss the petition. 6. Perusal of the material on record would go to show that accused No.1 and 2 and the deceased had a serious civil dispute with regard to their joint family property and it appears that deceased Eramma, who is their close relative, had already approached the Court - 5 - HC-KAR CNR: KAHC010422422026 NC: 2026:KHC:44930 CRL.P No. 8996 of 2026 seeking partition of the joint family property. It is in this background accused No.1 and 2 allegedly had quarreled with Eramma on 17.07.2024 and had assaulted her with a wooden club and machete. As a result of the said assault, Eramma had suffered grievous injuries and had succumbed to the same. 8. As per the charge sheet allegations, petitioner, who is arrayed as accused No.2 after quarrelling with Eramma had thrown chilli powder on her face and had assaulted her with a wooden club. Allegation of assaulting Eramma with the machete is found in charge sheet as against accused No.1, who is the son of the petitioner. Post mortem report of the deceased Eramma would go to show that death was due to multiple chop injuries sustained. The chop injuries sustained by the deceased corresponds to the assault made by the accused No.1 with the machete. CW.1 and 2, who are the alleged eye witnesses in the present case have been already examined as PW.1 and PW.4. As on this day, out of the 36 charge - 6 - HC-KAR CNR: KAHC010422422026 NC: 2026:KHC:44930 CRL.P No. 8996 of 2026 sheet witnesses cited in the present case, 12 charge sheet witnesses are examined. 8. Petitioner aged 68 years, is in judicial custody for the past two years. Since the material charge sheet witnesses have already been examined, there cannot be any apprehension that the petitioner may tamper the said witnesses 9. Considering the aforesaid aspects of the matter and the allegation found in the charge sheet against petitioner, I am of the opinion that without expressing any opinion on the merits of the case, the prayer made by the petitioner for grant of regular bail needs to be allowed. Accordingly, I pass the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.174/2024 pending before the Court of Special, 2nd Addl. District and Sessions Judge, Chitradurga arising out of Crime - 7 - HC-KAR CNR: KAHC010422422026 NC: 2026:KHC:44930 CRL.P No. 8996 of 2026 No.113/2024 registered by Prasurampura Police Station, Chitradurga for the offences punishable under Sections 115(2), 118(1), 76, 103(1), 109(1), 351, 352, 329(3), 3(5) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute 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 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 - 8 - HC-KAR CNR: KAHC010422422026 NC: 2026:KHC:44930 CRL.P No. 8996 of 2026 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE PSJ List No.: 1 Sl No.: 52