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2026 DAILYLAW 40206 (KAR)

SANDEEP. G v. STATE OF KARNATAKA

CRL.P/12352/2026 · 2026-09-11

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010556212026 NC: 2026:KHC:49683 CRL.P No. 12352 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. 12352 OF 2026 BETWEEN: SANDEEP. G S/O GOPI, AGED ABOUT 23 YEARS, R/AT MALLATHALLI VILLAGE, KASABA HOBALI, DODDABALLAPURA TOWN, BENGALURU RURAL DISTRICT- 561 203. …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: STATE OF KARNATAKA BY DODBALLAPUR TOWN P.S., NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER / ACCUSED NO.4 ON REGULAR BAIL IN CRIME NO.149/2025 OF DODDABALLAPUR TOWN POLICE STATION, NOW PENDING IN S.C.NO.10011/2026 ON THE FILE OF THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010556212026 NC: 2026:KHC:49683 CRL.P No. 12352 of 2026 HONBLE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, DODDABALLAPURA, REGISTERED FOR THE OFFENCES P/U/S 103(1) AND 3(5) OF THE BNS, 2023, SUBJECT TO SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT AND PROPER. 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.4 in S.C.No.10011/2026 pending before the Court of IV Additional District and Sessions Judge, sitting at Doddaballapura, Bengaluru Rural District arising out of Crime No.149/2025 registered by Doddaballapura Town Police Station, Bengaluru District for the offences punishable under Sections 103(1) and 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 - HC-KAR CNR: KAHC010556212026 NC: 2026:KHC:49683 CRL.P No. 12352 of 2026 3. FIR in Crime No.149/2025 was registered by Doddaballapura Town Police Station, Bengaluru District for the aforesaid offences against unknown persons, based on the first information dated 04.12.2025 received from Sri Narasimhamurthy, uncle of the deceased Pavankumar. During the course of investigation of the said case, the petitioner was arrested on 10.12.2025 and remanded to judicial custody. After completing the investigation, charge sheet is filed against four persons and a juvenile accused. The petitioner is arrayed as accused No.4 in the charge sheet. His bail application filed before the trial Court in S.C.No.10011/2026 was rejected on 20.07.2026. Therefore, he is before this Court. 4. FIR in the present case was registered against unknown persons, based on the first information submitted by the uncle of the deceased Pavankumar, who had stated in his first information that Pavankumar was in love with Preethi, who belonged to a different religion. Therefore, his parents were not agreeing for their marriage. On - 4 - HC-KAR CNR: KAHC010556212026 NC: 2026:KHC:49683 CRL.P No. 12352 of 2026 04.12.2025, at about 10.20 p.m., he was informed by one Lokesh that Pavankumar was murdered. Immediately thereafter, he went to the hospital and, after seeing the dead body of Pavankumar, he approached the Police. 5. During the course of investigation, the petitioner was arrested on 10.12.2025. In the charge sheet, which was subsequently filed, he is arrayed as accused No.4. As per the allegations in the charge sheet, the petitioner was earlier in love with Preethi. Therefore, there was a quarrel between Pavankumar and the petitioner and, subsequently, Pavankumar and his friend Premi had assaulted the petitioner for the reason that the petitioner was having an affair with a relative of aforesaid Premi. In the charge sheet, it is further stated that Pavankumar had one again subsequently threatened of assaulting the petitioner and accordingly, he had informed CW.26, who in turn had informed the same to the petitioner. Therefore, the petitioner allegedly conspired with accused Nos.1 to 3 to commit the murder of - 5 - HC-KAR CNR: KAHC010556212026 NC: 2026:KHC:49683 CRL.P No. 12352 of 2026 Pavankumar and in furtherance of such conspiracy, on 04.12.2025, accused Nos.1 to 3 and a juvenile accused, who came in the car bearing registration No.KA-43-A- 4270, intercepted the autorikshaw of Pavankumar bearing registration No.KA-01-AJ-9376 and thereafter assaulted him with deadly weapons and committed his murder. 6. The allegation of assaulting Pavankumar with deadly weapons on 04.12.2025 and committing his murder is found in the charge sheet against accused Nos.1 to 3 and the juvenile accused. The assailants allegedly had arrived near the spot of the crime in the car bearing registration No.KA-43-A-4270, which belonged to the petitioner. 7. Material on record would go to show that accused No.1-Manjunath was the driver of the aforesaid car, which was being given on rent by the petitioner. The petitioner is working as a bus driver in a private company and he has no other criminal antecedents. He is a married - 6 - HC-KAR CNR: KAHC010556212026 NC: 2026:KHC:49683 CRL.P No. 12352 of 2026 man having children. It appears that accused No.1- Manjunath, who was the driver of the aforesaid car, was also staying in his house. Therefore, merely for the reason that accused Nos.1 to 3 and the juvenile accused had arrived at the spot of the crime in the car belonging to the petitioner, that itself is not sufficient to prima facie establish the allegation of conspiracy. Though in the charge sheet it is mentioned that Pavankumar and Premi had assaulted the petitioner on 06.11.2025 for the reason that the petitioner had a relationship with a woman who is a relative of the aforesaid Premi, material on record would go to show that it was only Premi and his friends who had assaulted the petitioner on 06.11.2025 and Pavankumar was not present in the said incident. Investigation of the case is now completed and charge sheet is filed. The assailants are all arrested and remanded to judicial custody. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular - 7 - HC-KAR CNR: KAHC010556212026 NC: 2026:KHC:49683 CRL.P No. 12352 of 2026 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 S.C.No.10011/2026 pending before the Court of IV Additional District and Sessions Judge, sitting at Doddaballapura, Bengaluru Rural District arising out of Crime No.149/2025 registered by Doddaballapura Town Police Station, Bengaluru District for the offences punishable under Sections 103(1) and 3(5) of BNS, 2023, 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 - 8 - HC-KAR CNR: KAHC010556212026 NC: 2026:KHC:49683 CRL.P No. 12352 of 2026 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; 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.: 74