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2026 DAILYLAW 42910 (KAR)

SUBRAMANI v. THE STATE OF KARNATAKA

CRL.P/11124/2026 · 2026-09-25

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010510642026 NC: 2026:KHC:53219 CRL.P No. 11124 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11124 OF 2026 BETWEEN: SUBRAMANI S/O ANANDAPPA, AGED ABOUT 38 YEARS, R/O SINGARIGUNTA VILLAGE, PUNGANURMANDALAM, ANNAMAIAH DISTRICT ANDHRA PRADESH - 572 247. …PETITIONER (BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY SUB-INSPECTOR OF POLICE NANGLI POLICE STATION, TALUKA MULBAGAL, DISTRICT KOLAR, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION BY GRANTING HIM BAIL IN S.C.NO.121/2026 (NANGLI P.S IN CR.NO.23/2026) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010510642026 NC: 2026:KHC:53219 CRL.P No. 11124 of 2026 FOR THE OFFENCE P/U/S 103(1), 249 OF BNS 2023 PENDING ON THE FILE OF THE LEARNED II ADDL.DIST. AND SESSIONS JUDGE, KOLAR. 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.2 in S.C.No.121/2026 pending before the Court of the II Additional District and Sessions Judge, Kolar, arising out of Crime No.23/2026 registered by Nangli Police Station, Kolar, for the offence punishable under Section 103(1), 249 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. FIR in Crime No.23/2026 was registered by Nangli Police Station, Kolar against unknown person for the offence punishable under Section 103 of BNS, 2023, - 3 - HC-KAR CNR: KAHC010510642026 NC: 2026:KHC:53219 CRL.P No. 11124 of 2026 based on the first information dated 10.02.2026 received from Smt. Neelamma, mother of the deceased Bhaskar. During the course of investigation of the said case, the petitioner herein was arrested on 09.03.2026 and remanded to judicial custody. After completing investigation, charge sheet is now filed against three persons and the petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.381/2026 was rejected on 29.06.2026. Therefore, he is before this Court. 4. In the first information dated 10.02.2026, it is stated that on 08.02.2026 at about 08.00 a.m., Bhaskar had left his house. At about 02.30 p.m. on the said date, his mother, who is the first informant in the present case, had called him over his mobile phone and he allegedly informed her that he was at his workplace. Subsequently, at about 06.00 p.m., when she called him, the mobile phone of Bhaskar was found switched off. - 4 - HC-KAR CNR: KAHC010510642026 NC: 2026:KHC:53219 CRL.P No. 11124 of 2026 5. On 10.02.2026 at about 08.00 a.m., she was informed by a villager that the dead body of Bhaskar was lying on the outskirts of the village. Immediately thereafter, she went to the said place and after identifying the dead body, she approached the police on 10.02.2026 at about 11.00 a.m. and submitted her first information. 6. During the course of investigation, the petitioner herein was arrested and after completing investigation, charge sheet is filed against three persons. As per the charge sheet allegations, accused Nos.1 to 3 were closely acquainted with each other and were in the habit of consuming alcohol together and playing cards. It is alleged that about three to four years prior to the date of the incident, accused No.2 had lost to Bhaskar while playing cards and was due to pay money to him. Since accused No.2 had not repaid the said money, Bhaskar was constantly demanding payment of the same. He allegedly also threatened accused No.2 if the money was not paid. - 5 - HC-KAR CNR: KAHC010510642026 NC: 2026:KHC:53219 CRL.P No. 11124 of 2026 7. It is further alleged that accused No.1 was the middleman for settling the payment and Bhaskar had abused accused No.1 using filthy language. Thereafter, accused Nos.1 and 2 decided to eliminate Bhaskar and in furtherance of their conspiracy, accused No.2 allegedly purchased a knife. Thereafter, on 08.02.2026, accused Nos.1 and 2 took Bhaskar along with them, purchased liquor from a Bar and Restaurant at about 2:00 p.m. Subsequently, while consuming alcohol in the property bearing Survey No.39 of Hebbani Village, at about 03.30 p.m to 04.00 p.m., accused Nos.1 and 2 allegedly assaulted Bhaskar with the knife purchased by accused No.2 and committed his murder. 8. The dead body of the deceased was found in the morning of 10.02.2026. Though Bhaskar had not returned home on 08.02.2026, no missing complaint was filed until his dead body was found. The motive of the petitioner to commit the murder of Bhaskar is allegedly the demand made by him for repayment of the money which accused - 6 - HC-KAR CNR: KAHC010510642026 NC: 2026:KHC:53219 CRL.P No. 11124 of 2026 No.2 was due to pay him after having lost in game of cards. 9. Material on record would go to show that accused Nos.1 and 2 and Bhaskar were regular visitors to the Bar and Restaurant and every day they used to purchase liquor from the Bar and Restaurant and consume the same in the property bearing Survey No.39 of Hebbani village. In the present case, except the last seen circumstance of accused Nos.1 and 2 with the deceased near the Bar and Restaurant, there is no other strong material available on record to connect them to the crime. Accused No.2 had lost the card game against Bhaskar about three to four years prior to the alleged incident and thereafter, on several days, they had gone to the Bar and Restaurant together and consumed alcohol. 10. It is brought to the notice of this Court that the petitioner herein has no other criminal antecedents. Investigation of the case is completed and charge sheet is - 7 - HC-KAR CNR: KAHC010510642026 NC: 2026:KHC:53219 CRL.P No. 11124 of 2026 filed. The allegations found in the charge sheet against the accused person are required to be proved in a full-fledged trial. 11. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 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.121/2026 pending before the Court of the II Additional District and Sessions Judge, Kolar arising out of Crime No.23/2026 registered by Nangli Police Station, Kolar for the offences punishable under Section 103(1), 249 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 - 8 - HC-KAR CNR: KAHC010510642026 NC: 2026:KHC:53219 CRL.P No. 11124 of 2026 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; 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.: 29