Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 39931 (KAR)

SRI. KALYAN MURTHY @ CHINNA v. STATE OF KARNATAKA

CRL.P/12450/2026 · 2026-09-11

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010564912026 NC: 2026:KHC:49674 CRL.P No. 12450 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12450 OF 2026 BETWEEN: 1. SRI KALYAN MURTHY @ CHINNA S/O.VENKATARAMAPPA AGED 32 YEARS R/AT KURUDUGURU VILLAGE KYASAMBALLI HOBLI, KGF TALUK KOLAR DISTRICT - 563 121. …PETITIONER (BY SRI. CHETHAN A, ADV.) AND: 1. STATE OF KARNATAKA BY KYASAMBALLI POLICE STATION KGF TALUK, KOLAR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.47/2026 OF KYASAMBALLI P.S. K.G.F FOR THE OFFENCE P/U/S 318(4),126(2),277 OF BNS 2023 AND SEC.3(2) OF THE KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC ACT 2017 PENDING Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010564912026 NC: 2026:KHC:49674 CRL.P No. 12450 of 2026 BEFORE LEARNED 1ST ADDL.CIVIL JUDGE AND J.M.F.C COURT AT K.G.F. 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.6 in Crime No.47/2026 registered by Kyasamballi Police Station, K.G.F for the offences punishable under Sections 318(4), 126(2) and 277 of BNS, 2023 and Section 3(2) of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017, 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.47/2026 was registered by Kyasamballi Police Station, K.G.F for the aforesaid offences against Chandra and others, based on the first information dated 14.07.2026 received from S. R. Jagadish, Police Officer attached to Kyasamballi Police Station, K.G.F. In - 3 - HC-KAR CNR: KAHC010564912026 NC: 2026:KHC:49674 CRL.P No. 12450 of 2026 the said case, the petitioner was arrested on 14.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.752/2026 was rejected on 06.08.2026. Therefore, he is before this Court. 4. Accused Nos.1 to 5 and 7 had approached this Court in Crl.P.No.12468/2026 c/w Crl.P.No.12691/2026 seeking regular bail. The said petitions were allowed by this Court vide order dated 03.09.2026. In paragraph Nos.3 and 4 of the said order, it is observed as follows: "3. FIR in Crime No.47/2026 was registered by Kyasamballi Police Station, KGF, for the aforesaid offences against Chandra and others based on the first information dated 14.07.2026, received from S.R. Jagadish, police officer attached to Kyasamballi Police Station, KGF. In the said case, petitioners herein were arrested on 14.07.2026 and remanded to judicial custody. In their remand application, they are arrayed as accused Nos.1 to 5 and 7. Their bail application filed before the Court of learned Magistrate in Crime NO.47/2026 was rejected on 22.07.2026. Thereafter, they had approached the jurisdictional Sessions Court in Crl.Misc.No.752/2026, which was rejected on 06.08.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that FIR in Crime No.47/2026 was registered against unknown persons and others alleging that first information had received credible information that - 4 - HC-KAR CNR: KAHC010564912026 NC: 2026:KHC:49674 CRL.P No. 12450 of 2026 accused No.1 and his accomplices were indulged in the act of committing black magic and they were cheating many gullible people that they would be relieved of their problems and health conditions by performing black magic. After the aforesaid FIR was registered, petitioners herein and another were arrested on 14.07.2026 and remanded to judicial custody. Particulars of the alleged victims of the crime committed by the petitioners, is not mentioned in the FIR. Learned HCGP submits that till date particulars of any such victim has not been traced by the Investigation Officer." 5. Allegation as against the petitioner and the accused who have been granted bail in the aforesaid criminal petitions are similar. Under the circumstances, I am of the opinion that the prayer made by the petitioner 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 Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Crime No.47/2026 registered by Kyasamballi Police Station, K.G.F for the offences punishable under Sections - 5 - HC-KAR CNR: KAHC010564912026 NC: 2026:KHC:49674 CRL.P No. 12450 of 2026 318(4), 126(2) and 277 of BNS, 2023 and Section 3(2) of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017, 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; - 6 - HC-KAR CNR: KAHC010564912026 NC: 2026:KHC:49674 CRL.P No. 12450 of 2026 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 81