- 1 - HC-KAR CNR: KAHC010526142026 NC: 2026:KHC:46655 CRL.P No. 11580 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11580 OF 2026 BETWEEN: SRI KIRAN KUMAR C.M S/O LATE MALLIKARJUNA AGED ABOUT 35 YEARS R/AT CHIKKADE VILLAGE KASABA HOBLI PANDAVAPURA TALUK MANDYA - 571 434. …PETITIONER (BY SRI SAGAR A SHETTY, ADV.) AND: THE STATE OF KARNATAKA BY PANDAVAPURA P.S REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL ON THE EVENT OF HIS ARREST BY RESPONDENT / PANDAVAPURA POLICE IN FIR BEARING CRIME NO.11/2026 FOR THE ALLEGED OFFENCES P/U/S 329(3), 352, 103(1) R/W 3(5) OF BNS, 2023 REGISTERED AS CC.NO.345/2026 PENDING ON THE FILE OF THE HONBLE PRL. CIVIL JUDGE AND JMFC, AT PANDAVAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010526142026 NC: 2026:KHC:46655 CRL.P No. 11580 of 2026 ORAL ORDER 1. Accused no.2 in Crime No.11 of 2026 registered by Pandavapura Police Station, Mandya District for offences punishable under Sections 329(3), 352, 103(1) R/W Section 3(5) of BNS, 2023 is 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.11 of 2026 was registered by Pandavapura Police Station, Mandya District for the aforesaid offences against Sri Raju and two other, based on the first information dated 12.01.2026 received from Sri Shashidhara S/o Krishnegowda. During the course of investigation, the petitioner was arrested on 13.01.2026 and subsequently remanded to judicial custody. After completing investigation, charge sheet is filed against three persons and petitioner is arraigned as accused no.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5030 of 2026 was rejected on 27.02.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010526142026 NC: 2026:KHC:46655 CRL.P No. 11580 of 2026 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, there is a serious discrepancy in the first information submitted by son of the deceased and his further statement that was submitted on 13.01.2026. He also submits that the eye witnesses are all planted and their statements cannot be believed. Since there is a serious discrepancy in the statement of the first informant and the other witnesses, petitioner's prayer for grant of regular bail needs to be allowed. In support of this arguments, he has relied on the order passed by this Court in the case of KISHAN HEGDE V. STATE OF KARNATAKA - CRL.P.NO.8686 OF 2018 DTD 03.07.2019, HUCHCHAPPA & ORS V. STATE OF KARNATAKA & ANR - CRL.P.NO.201174 OF 2024 C/W CRL.P.NO.201473 OF 2024 DTD 16.01.2025. 5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition submits that, in all the statements of the first informant as well as the eyewitnesses, presence of petitioner has been consistently mentioned and specific overt acts are alleged against him. She - 4 - HC-KAR CNR: KAHC010526142026 NC: 2026:KHC:46655 CRL.P No. 11580 of 2026 submits that, CW1 to CW4 are the eyewitnesses in the present case and there is no reason to disbelieve them. 6. Perusal of the material on record would go to show that, there is some serious civil dispute between the family members of the accused and family members of the deceased Krishne Gowda. A reading of the first information would reveal that on 10.01.2026, there was a quarrel between the deceased Krishnegowda and the accused persons and this was informed by Krishnegowda to his son. On 12.01.2026 at about 02.00 p.m, when Krishnegowda and the first informant were working in their agricultural property, accused persons, who came there allegedly abused them and thereafter assaulted Krishnegowda. 7. Accused No.1 - Raju allegedly assaulted Krishnegowda with a wooden club and as a result, Krishnegowda fell down. Thereafter, accused no.2 and three others allegedly assaulted Krishnegowda with their hands and legs. CWs.2 to 4 who were passing by interfered and thereafter, accused persons went away from the alleged spot. Immediately thereafter, injured Krishnegowda was shifted to the hospital and the doctor has declared he was brought dead. - 5 - HC-KAR CNR: KAHC010526142026 NC: 2026:KHC:46655 CRL.P No. 11580 of 2026 The post mortem report of the deceased would go show that, the death was due to 'Head injury sustained'. 8. Material on record would go to show that, the first informant - Shashidhara (CW1) has given further statement on 13.01.2026 and in the said statement, he has mentioned that in the incident that had taken place on 10.01.2026, only accused nos.2 and 3 were present. Insofar as the incident that had taken place on 12.01.2026 is concerned, the presence of all the three accused persons has been clearly mentioned in the first information as well as in the further statement of CW1. Even in the statement of the alleged eye witnesses CWs.2 to 4, the presence of accused nos.1 to 3 at the spot of crime on 12.01.2026 is mentioned and specific overt acts are also attributed against them. 9. The judgment on which reliance has been placed by the learned counsel for the petitioners having rendered having regard to the facts of the said case and the same cannot be made applicable to the case on hand. It is trite that the judgment can be relied upon as a binding precedent only if it - 6 - HC-KAR CNR: KAHC010526142026 NC: 2026:KHC:46655 CRL.P No. 11580 of 2026 can be made applicable to the facts and circumstances of the case. In the present case, CWs1 to 4 are the eye witnesses and they have made clear allegations against accused nos.1 to 3 and have attributed specific overt acts against them. 10. Accordingly, the criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 69