- 1 - HC-KAR CNR: KAHC010532322026 NC: 2026:KHC:46892 CRL.P No. 11703 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11703 OF 2026 BETWEEN: 1. SRI SANTHOSH S/O VIJAY KUMAR, AGED ABOUT 42 YEARS, R/AT A BLOCK, INDIRANAGARA, NARASAPURA VILLAGE AND HOBLI, KOLAR TALUK AND DISTRICT-563133. 2. SMT. ASHA. S. @ MEENA W/O MAHESH, AGED ABOUT 35 YEARS, R/AT NO. 154, S. UTTARAHALLI VILLAGE, HOSA HUNDI HADAJANA POST, VARUNA HOBLI, MYSORE TALUK AND DISTRICT-570010. 3. SRI. MAHESH S S/O SWAMY, AGED ABOUT 39 YEARS, R/AT NO.164, S. UTTARAHALLI VILLAGE, HOSA HUNDI HADAJANA POST, VARUNA HOBLI, MYSORE TALUK AND DISTRICT-570010. …PETITIONERS (BY SRI. ADINARAYANAPPA, ADVOCATE FOR SRI. MALI PATIL DODDAPPA, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010532322026 NC: 2026:KHC:46892 CRL.P No. 11703 of 2026 AND: THE STATE OF KARNATAKA, BY KOLAR RURAL POLICE STATION, KOLAR 563101. REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THEM BAIL CONDITIONALLY IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE (KOLAR RURAL POLICE) IN CRIME NO.44/2026 FOR THE ALLEGED OFFENCES P/U/S 103(1), 238(A), 61, 55, 249(A), 126(2) R/W SEC.190 OF BNS WHICH PENDING FOR TRIAL ON THE FILE OF LEARNED I ADDL. SENIOR CIVIL JUDGE AND JMFC AT KOLAR IN C.C.NO.936/2026. 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 Nos.4, 6 and 7 in Crime No.44/2026 registered by Kolar Rural Police Station, Kolar District, for the offences punishable under Sections 103(1), 238A, 61, 55, 249(A), 126(2) read with Section 190 of BNS, 2023, are before this - 3 - HC-KAR CNR: KAHC010532322026 NC: 2026:KHC:46892 CRL.P No. 11703 of 2026 Court in this petition filed under Section 482 of the BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.44/2026 was registered by Kolar Rural Police Station, Kolar District, for offences punishable under Sections 103(1) and 238 of BNS, 2023, against the Santhosh and Bindu Kumar based on the first information dated 28.01.2026 received from Ramachandra, brother of deceased Yallesh. During the course of investigation of the said case, accused Nos.1 to 3 were arrested and after completion of investigation, charge sheet is filed, in which the petitioners herein are arraigned as accused Nos.4, 6 and 7. Apprehending arrest in the case, the petitioners had filed Crl.Misc.No.400/2026 before the jurisdictional Sessions Court, which was rejected on 15.06.2026. Therefore, they are before this Court. 4. A perusal of the material on record would go to show that accused No.1 - Bindu Kumar is the son of the petitioner. It appears that deceased Yallesh had illicit relationship with CW4, - 4 - HC-KAR CNR: KAHC010532322026 NC: 2026:KHC:46892 CRL.P No. 11703 of 2026 Renuka, who is the wife of accused No.4 and mother of accused No.1. CW4 had abandoned her family and was living with deceased Yallesh. Allegation in the charge sheet is that accused No.4 therefore, had conspired with his son - accused No.1 to commit the murder of the deceased. Thereafter, accused No.1 had approached his friends, accused Nos.2 and 3 and they along with accused Nos.4 and 7 allegedly conspired to commit the murder of Yallesh. 5. On 27.01.2026 when Yallesh was riding his motorbike bearing registration No.KA 07-EG 7442, accused No.3 allegedly sprinkled chilli powder on his face and assaulted him with iron rod on his head. Thereafter, accused Nos.1 and 2 assaulted Yallesh with longs and as a result of assault made by accused Nos.1 to 3, Yallesh had died at the spot. It is alleged in charge sheet that accused Nos.6 and 7 subsequently helped accused Nos.1 to 3 for destroying evidence and also to escape from the village. 6. Accused Nos.1 to 3 who are the assailants in the present case have been arrested and remanded to judicial custody. Allegation against accused Nos.4 and 7 is about conspiracy and - 5 - HC-KAR CNR: KAHC010532322026 NC: 2026:KHC:46892 CRL.P No. 11703 of 2026 against accused Nos.6 and 7 is about they helping the accused persons to destroy the evidence and escape from the village. Investigation of the case is already completed. Considering the facts and circumstances of the case and also the nature of allegations found against the petitioners, who have no other criminal antecedents, I am of the opinion that the prayer of the petitioners for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. 7. Accordingly, the following: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.44/2026 registered by Kolar Rural Police Station, Kolar District, for the offences punishable under Sections 103(1), 238A, 61, 55, 249(A), 126(2) read with Section 190 of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and each - 6 - HC-KAR CNR: KAHC010532322026 NC: 2026:KHC:46892 CRL.P No. 11703 of 2026 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 investigating officer. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 27