- 1 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9328 OF 2026 C/W CRIMINAL PETITION NO. 9331 OF 2026 IN CRL.P No. 9328/2026: BETWEEN: SRI NARAYANASWAMY S/O RAMAKRISHNAPPA AGED ABOUT 47 YEARS R/AT NO.12, HONNAKALASAPURA CD HOSAKOTE POST ANEKAL TALUK, SIDIHOSKOTE BENGALURU - 562 106. …PETITIONER (BY SRI PRASANNA KUMAR P, ADV.) AND: 1. STATE OF KARNATAKA BY ANEKAL POLICE STATION ANEKAL, SUB-DIVISION BENGALURU DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BLDG. BENGALURU - 560 001. 2. SWATHI C AGED ABOUT 32 YEARS W/O LATE GOPAL N R/AT 85/8, ANEKAL KAAVAL HOSAHALLI BENGALURU, KARNATAKA - 562 106. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI S. BALALKRISHNAN, ADV., FOR R-2 - V.C) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER / ACCUSED NO.2 ON BAIL IN CONNECTION WITH THE CASE IN CR.NO.84/2026 (C.C.NO.3706/2026) OF THE RESPONDENT / ANEKAL P.S. WHICH IS REGISTERED AS AGAINST 9 ACCUSED PERSONS WHEREIN THE PETITIONER HAS BEEN ARRAYED AS ACCUSED NO.2 ALLEGING THE COMMISSION OF OFFENCE P/U/S 61(2),103(1),140(1),238,281 R/W 3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE AND J.M.F.C ANEKAL. IN CRL.P NO. 9331/2026: BETWEEN: 1. SRI ANAND R S/O RAMAKRISHNAPPA AGED ABOUT 42 YEARS R/AT NO.12, HONNAKALASAPURA CD HOSAKOTE POST ANEKAL TALUK SIDIHOSKOTE, BENGALURU - 562 106. ...PETITIONER (BY SRI PRASANNA KUMAR P, ADV.) AND: 1. THE STATE OF KARNATAKA BY ANEKAL POLICE STATION ANEKAL SUB-DIVISION BENGALURU DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BLDG BENGALURU - 560 001. 2. SWATHI C AGED ABOUT 32 YEARS W/O LATE. GOPAL N R/AT 85/8, ANEKAL KAAVAL HOSAHALLI BENGALURU, KARNATAKA - 562 106. - 3 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 ...RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI S. BALAKRISHNAN, ADV., FOR R-2 - V.C) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.4 ON BAIL IN CONNECTION WITH THE CASE IN CR.NO.84/2026 (C.C.NO.3706/2026) OF THE RESPONDENT/ANEKAL P.S., WHICH IS REGISTERED AS AGAINST 9 ACCUSED PERSONS, WHEREIN THE PETITIONER HAS BEEN ARRAYED AS ACCUSED NO.4, ALLEGING THE COMMISSION OF OFFENCE P/US/ 61(2),103(1),140(1),238,281 R/W SEC.3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC ANEKAL. THESE PETITIONS, 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 4 in Crime No.84 of 2026 registered by Anekal Police Station, Bengaluru District for the offences punishable under Section 61(2), 103(1), 140(1), 238, 281 read with Section 3(5) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.84 of 2026 was registered by Anekal Police Station, Bengaluru District for offences punishable under Section 281 and 140(1) of BNS, 2023 against unknown persons, - 4 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 based on the first information dated 08.03.2026 received from Sathish K., who is the brother-in-law of deceased Gopi @ Gopal. It appears that dead body of kidnapped victim Gopi @ Gopal was subsequently found on 09.03.2026 and therefore offence punishable under Section 103(1) BNS, 2023 was invoked in the present case. During the course of investigation, accused No.2 was arrested on 31.03.2026 and accused No.4 was arrested on 10.03.2026. After completing investigation, charge sheet is now filed against 9 persons and a juvenile accused. Bail application filed by accused Nos.2 and 4 before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court in these two petitions. 4. Learned counsel for the petitioners submit that except the reason the petitioners herein are brothers of accused No.1 Mohanraj, there is absolutely no material on record to connect them to the alleged crime. Investigation of the case is now completed and no material has been collected till date to connect accused Nos.2 and 4 to the alleged crime. Even in the voluntary statement of the arrested accused, there is no mention of the role played by the accused Nos.2 and 4. Accordingly, prays to allow the petition. 5. Per contra learned High Court Government Pleader, who has opposed the petition does not dispute the aforesaid submission made by learned counsel for the petitioners. - 5 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 6. Learned counsel appearing for respondent No.2/ CW2, wife of deceased Gopi @ Gopal submits that accused No.1 and the petitioners who are arrayed as accused No.2 and 4 shared a common intention. All the three brothers had ill-will against Gopi @ Gopal, who was earlier working with him. Accused Nos.1, 2 and 4 together had conspired to eliminate Gopi @ Gopal and thereafter contacted accused No.5, who is a rowdy sheeter and had given supari to eliminate Gopi. Accused No.5 is yet to be arrested. Accordingly, he prays to dismiss the petition. 7. Perusal of the material on record would go to show that on 08.03.2026, at about 05.15 p.m., a mini tempo dashed against the car in which CW1 Sathish and his brother-in-law Gopi @ Gopal were travelling. Gopi @ Gopal therefore got down from the car and went towards the tempo to question its dreiver. In the meanwhile, a person who got down from the car which was following the tempo allegedly sprayed some substance on the face of CW1. Thereafter, the persons who came in the car forcibly took Gopi @ Gopal in their car towards Anekal. It is under these circumstances, FIR was registered against unknown persons for the offences punishable under Sections 281 and 140(1) of BNS 2023, based on the first information submitted by Sathish (CW1). - 6 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 8. It appears that subsequently, the dead body of Gopi @ Gopal was found near a place known as Thenkakote in the state of Tamilnadu and thereafter, the offence punishable under Section 103 of BNS, 2023 was invoked in the present case. During the course of investigation, wife of the deceased suspected the hand of accused No.1 Mohan Babu, who had some ill-will against deceased. It appears that therefore accused No.1 was summoned for the purpose of interrogation and thereafter based on his confession statement, the other accused persons were also arrested and remanded to judicial custody. Investigation of the case is now completed and charge sheet is filed. 9. As per the charge sheet allegations, accused No.1 and deceased Gopi @ Gopal were together involved in real-estate business and since Gopi @ Gopal subsequently started his independent business, accused No.1 and his brothers, accused Nos.2 and 4 allegedly had developed ill-will against him. According to the prosecution, accused Nos.1 to 4 therefore, conspired to eliminate Gopi @ Gopal and in furtherance of the said conspiracy, they had contacted accused No.5 Harish, who is a rowdy sheeter and allegedly gave him supari to commit the murder of Gopi @ Gopal. Accused No.5 in turn had contacted his friend accused No.6, and instructed him to commit the murder of Gopi @ Gopal. Accused No.6 thereafter - 7 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 contacted his associates, accused Nos.7 to 9 and juvenile accused Nos.1 and 2 and had informed them about his plan and instructed them to kidnap Gopi @ Gopal and commit his murder. 10. In furtherance of such conspiracy on 08.03.2026 accused No.9, who was driving Ashok Leyland Tempo bearing registration No.KA-03/AE-9549 allegedly dashed the said vehicle against the car bearing registration No.KA-67/M-2164, in which CW1 and Gopi @ Gopal were travelling. Accused No.8 is said to be the person who had sprayed pepper spray on the face of CW1 Sathish and accused Nos.6 to 8 and the juvenile accused were the inmates in the car in which Gopi @ Gopal was kidnapped. It is alleged in the charge sheet that after Gopi @ Gopal was kidnapped in the car, since Gopi @ Gopal tried to pull the hand break of the said car, accused No.6 stabbed Gopi @ Gopal on his left hand with a knife and accused No.8 stabbed him on his right hand with a knife. Subsequently, accused No.7 and juvenile accused strangulated the neck of Gopi @ Gopal with a towel which was inside the car and committed his murder. Subsequently, the dead body of Gopi @ Gopal was disposed of at Thenkakote in the state of Tamilnadu. 11. Allegation against accused Nos.2 and 4 is that they had conspired along with accused Nos.1 and 3 to commit the murder of Gopi @ Gopal and thereafter contacted accused No.5 to whom they - 8 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 gave the supari for committing the murder of Gopi @ Gopal. Investigation of the case is completed and charge sheet is filed. Except the confession statement of accused Nos.2 and 4, at this stage there is no material to connect them to the allegations found against them in the charge sheet. Even in the confession statement of the other accused persons recorded during the course of investigation, there is no allegation, in so far as the role played by accused Nos.2 and 4 in the crime in question. Accused No.1 who is the brother of accused Nos.2 and 4 had some association with accused No.5 Harish. He has been arrested and remanded to judicial custody in the present case. 12. It is not in dispute that accused Nos.2 and 4 do not have any other criminal antecedents. 13. Under the circumstances, 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 (i) The Criminal Petitions are allowed. The petitioners/accused No.2 and 4 are directed to be enlarged on bail in Crime No.84 of 2026 registered by Anekal Police Station, Bengaluru District for the offences - 9 - HC-KAR CNR: KAHC010439142026 NC: 2026:KHC:48522 CRL.P No. 9328 of 2026 C/W CRL.P No. 9331 of 2026 punishable under Section 61(2), 103(1), 140(1), 238, 281 read with Section 3(5) of BNS, 2023, 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; 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.: 29