- 1 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8772 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. PRADEEP V @ MODALIYAR S/O LATE A. VELU, AGED ABOUT 23 YEARS, RESIDENT OF BEHIND SHANKAR MATT, GUNDAPPA SHED, 2ND CROSS SHIVAMOGGA TOWN 577 201. 2. APPU NAIKA @ APPU, S/O SHANKARA NAIK, AGED ABOUT 23 YEARS, RESIDENT OF ANUPINAKATTE VILLAGE, LAMBANI THANDA SHIVAMOGGA TOWN 577 201 …PETITIONERS (BY SRI. C.H. JADHAV, SENIOR ADVOCATE FOR SRI. ADARSH C JADHAV, ADVOCATE) AND: STATE OF KARNATAKA BY TUNGANAGARA POLICE STATION, SHIVAMOGGA, REP. BY STATE PUBLIC PROSECUTOR, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONERS CRIME. NO.244/2023 (NOW CHARGESHEET FILED C.C.NO. 452/2023) ON THE FILE OF TUNGANAGAR POLICE STATION, SHIVAMOGGA DISTRICT REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 450, 302, 396, 120B, 201 OF THE INDIAN PENAL CODE AND PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA. 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 SC No.11 of 2024 pending before the Court of II Additional District and Sessions Judge, Shivamogga, arising out of Crime No.244 of 2023 registered by Tunga Nagar Police Station, Shivamogga for the offences punishable under Section 302, 396, 450, 201 and 120-B of IPC, 1860, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. - 3 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.244 of 2023 registered by Tunga Nagar Police Station, Shivamogga for the offence punishable under Section 302 of IPC, 1860 against accused No.1-Hanumant naik and other unknown persons, based on the first information dated 18.06.2023 received from K.V. Mallikarjun. During the course of investigation, the petitioners herein were arrested on 27.06.2023 and 28.06.2023 respectively and subsequently remanded to judicial custody. After completing investigation, charge sheet is filed against 7 persons and petitioners are arraigned as accused Nos.2 and 3 in charge sheet. Their bail application filed before the Trial Court in SC No.11 of 2024 was earlier rejected on 30.04.2024. Thereafter, they are approached this Court in Crl.P.No.7660 of 2024 and Crl.P.No.5933 of 2024 which were dismissed by the Co-ordinate bench of this Court. Subsequently, petitioners had filed fresh bail application before the Trial Court which was also rejected. Accused No.1 as against whom similar - 4 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 allegations are found in the charge sheet and whose name is found in the FIR, was granted regular bail by the Co-ordinate bench of this Court, subsequently in Crl.P.No.3786 of 2026 vide order dated 10.04.2026. It is under these circumstances, the petitioners are before this Court in the successive bail application. 4. Sri.C.H. Jadhav, learned Senior Counsel for the petitioners submits that the petitioners do not have any criminal antecedents and allegations as against accused No.1 and petitioners are similar in the charge sheet. Entire case of the prosecution is based on circumstantial evidence. Till date trial in the case has not commenced, though the petitioners are in custody for the last more than 3 years. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition submits that though accused No.1 has been granted regular bail in Crl.P.No.3786 of 2026 vide order dated 10.04.2026, till - 5 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 date the reasons for allowing the said petition has not been released. Therefore, the ground of parity cannot be extended to the petitioners herein. He submits that petitioners are involved in committing heinous offence. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that FIR was registered against accused No.1- Hanumant Naik and unknown persons. Name of the petitioners is not found in the FIR. During the course of investigation, the petitioners were arrested and after completing investigation, charge sheet is filed against 7 persons. 7. As per the charge sheet allegation, accused No.1 was working as a driver in the house of the deceased-Smt.Kamala. CW1-K.V. Mallikarjun is the husband of the deceased-Smt. Kamala. Accused No.1, who had noticed that CW1 had kept a sum of Rs.35,00,000/- in his house for the purpose of his son's education, allegedly - 6 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 conspired with his friends, accused Nos.2 to 4 to rob the said money and also other valuables in the house of CW1. On 16.06.2023, CW1 informed accused No.1 that he was required to travel to Goa for attending a function. However, in the guise of going to a temple, accused No.1 allegedly stayed back and arranged for an alternative driver (CW2) for the car of CW1. 8. After CW1 had left to Goa along with CW2 as his car driver on 16.06.2023, accused No.1 conspired with the other accused persons to commit the crime and in furtherance of such conspiracy, on 17.06.2023, he along with accused Nos.2 and 3 had knocked the door of the house belonging to CW1. Smt.Kamala, wife of CW1 had opened the door and as she was acquainted to accused No.1, she had invited accused Nos.1 to 3 inside the house. Accused No.3 allegedly requested Smt.Kamala to provide him drinking water and when she went inside the kitchen to bring drinking water, accused No.3, who followed her caught hold of her mouth, accused Nos.1 and 2 thereafter - 7 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 caught hold of the hands and legs of Smt.Kamala. In the tussle that took place between Smt.Kamala and accused Nos.1 to 3, all the accused had sustained some injuries on their hands. It is alleged that the accused persons with the help of cloth tried to smother Smt.Kamala and since she was fighting and resisting accused No.2 assaulted her with a sharp iron weapon on her neck and committed her murder. Thereafter, accused No.1 entered the bedroom of CW1 and brought the bag in which the amount of Rs.35,00,000/- was kept by CW1. Accused Nos.1 to 3 left the house along with the bag containing amount of Rs.35,00,000/- and thereafter, accused No2 called accused Nos.4 to 7 and all the accused persons shared the amount of Rs.35,00,000/- that was robbed from the house of deceased-Smt.Kamala. 9. Accused No.1 who had approached this Court in a successive bail application in Crl.P.No.3786 of 2026, has been granted regular bail by the Co-ordinate bench of this Court, vide order dated 10.04.2026. This petition which - 8 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 was subsequently filed before this Court on 19.06.2026 is being listed for the sixth time before this Court. The petitioners are seeking bail on the ground of parity and it is not in dispute that allegations found against accused Nos.1 to 3 with regard to the alleged offence are similar. Entire case of the prosecution is based on circumstantial evidence. 10. Accused No.1 was the mastermind to the entire crime and in the FIR, only his name was mentioned. He has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.3786 of 2026 vide order dated 10.04.2026 and more than four months have lapsed ever since the said order, state has not questioned the said order till date. Therefore, the prayer made by the petitioners herein seeking regular bail on the ground of parity cannot be indefinitely postponed. 11. Petitioners are in custody in the present case for the last more than 3 years. It is not in dispute that - 9 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 they have no other criminal antecedents. Till date trial has not commenced in the case. Prosecution altogether has cited 83 charge sheet witnesses in the present case. Therefore, the chances of the trial being completed and the case being disposed of on the merits in the near future is very remote. 12. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". - 10 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 13. 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, considering the period of their incarceration and also on the ground of parity. O R D E R The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in SC No.11 of 2024 pending before the Court of II Additional District and Sessions Judge, Shivamogga, arising out of Crime No.244 of 2023 registered by Tunga Nagar Police Station, Shivamogga for the offences punishable under Section 302, 396, 450, 201 and 120-B of IPC, 1860, subject to the following conditions: 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; - 11 - HC-KAR CNR: KAHC010414262026 NC: 2026:KHC:47391 CRL.P No. 8772 of 2026 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.: 52