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2026 DAILYLAW 42507 (KAR)

PANDU K A v. STATE OF KARNATAKA

CRL.P/12357/2026 · 2026-09-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010558392026 NC: 2026:KHC:52082 CRL.P No. 12357 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12357 OF 2026 BETWEEN: PANDU K.A S/O. ANNAPPA AGED ABOUT 28 YEARS R/AT GEROSIYA COLONY KOPPA VILLAGE, PERIYAPATNA TALUK MYSURU DISTRICT - 571 104. …PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND: STATE OF KARNATAKA BY BYLUKUPPE POLICE STATION, MYSURU DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE HIM ON BAIL IN S.C.NO.5014/2025 (CRIME NO.216/2024) OF BYLUKUPPE POLICE STATION, MYSURU DISTRICT, FOR THE OFFENCE P/US/ 103(1), 238, 240 OF BNS, REGISTERED PENDING BEFORE VIII Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010558392026 NC: 2026:KHC:52082 CRL.P No. 12357 of 2026 ADDL DISTRICT AND SESSIONS JUDGE AT MYSURU SITTING AT HUNSUR. 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 in SC No.5014 of 2025 pending before the Court of VIII Additional District and Sessions Judge, Mysuru sitting at Hunsur arising out of Crime No.216 of 2024 registered by Bylakuppe Police Station, Mysuru District for the offences punishable under Section 103(1), 238, 240 of BNS, 2023, is before in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.216 of 2024 was registered by Bylakuppe Police Station, Mysuru District for the offences punishable under Section 281, 106 of BNS, 2023 and Section 187 of Indian Motor Vehicles Act, 1988 against - 3 - HC-KAR CNR: KAHC010558392026 NC: 2026:KHC:52082 CRL.P No. 12357 of 2026 unknown persons, based on the first information dated 25.12.2024 received from petitioner herein. During the course of investigation of the case, the petitioner was arrested on 26.12.2024 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court was rejected and thereafter, he had approached this Court in Crl.P.No.5793 of 2025, which was dismissed by this Court on 06.06.2025. Thereafter, he had approached this Court once again in Crl.P.No.2634 of 2026, which was dismissed as withdrawn with liberty to the petitioner to file a fresh bail application before the Trial Court on the ground of delay in trial. Thereafter, petitioner has approached the Trial Court afresh and his bail application filed in SC No.5014 of 2025 was rejected on 25.07.2026. Therefore, he is before this Court. 4. A reading of the charge sheet allegations would go to show that the deceased Annappa was the father of the petitioner. The petitioner with ulterior motives and to - 4 - HC-KAR CNR: KAHC010558392026 NC: 2026:KHC:52082 CRL.P No. 12357 of 2026 make unlawful gain allegedly had hatched a plan to commit the murder of his father and claim the benefits of his life insurance policy, which the petitioner had taken in the name of his father. Petitioner was the nominee of the said life insurance policy and petitioner was also paying the periodical premium amount for the policy. 5. As per the charge sheet allegations, on 25.12.2024, when Annappa was working in his agriculture field at Guddenahalli village, the petitioner who came there in his car, assaulted Annappa with a wooden club and committed his murder. Subsequently, the dead body was shifted and disposed of on B.M. Road situated within the jurisdiction of Bylakuppe Police Station, with an intention to make it appear that the death of Annappa was as a result of road traffic accident. Subsequently, based on the first information received from the petitioner, FIR was registered for offences punishable offences punishable under Section 281, 106 of BNS, 2023 and Section 187 of Indian Motor Vehicles Act, 1988. - 5 - HC-KAR CNR: KAHC010558392026 NC: 2026:KHC:52082 CRL.P No. 12357 of 2026 6. During the course of investigation, based on the call made by the petitioner to the police, prior to registration of the FIR, he was arrayed as accused and subsequently, arrested in the present case. The entire case of the prosecution is based on the circumstantial evidence. His earlier bail application was rejected by this Court on 06.06.2025. For the last more than 15 months there is absolutely no progress in the case thereafter. Before the Trial Court even as on this date, the case is at the stage of hearing before charge. 7. It is brought to the notice of this Court that the Presiding Officer of the Trial Court has now retired. Therefore the chances of trial commencing in the near soon is very remote. It is not in dispute that the petitioner has no other criminal antecedents. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular - 6 - HC-KAR CNR: KAHC010558392026 NC: 2026:KHC:52082 CRL.P No. 12357 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 SC No.5014 of 2025 pending before the Court of VIII Additional District and Sessions Judge, Mysuru sitting at Hunsur arising out of Crime No.216 of 2024 registered by Bylakuppe Police Station, Mysuru District for the offences punishable under Section 103 (1), 238, 240 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 - 7 - HC-KAR CNR: KAHC010558392026 NC: 2026:KHC:52082 CRL.P No. 12357 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 AMM List No.: 1 Sl No.: 57