- 1 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13237 OF 2026 C/W CRIMINAL PETITION NO. 12526 OF 2026 IN CRL.P No. 13237/2026 BETWEEN: DARSHAN M.N. S/O NINGARJU M.N. AGED ABOUT 24 YEARS, R/AT MAYAPPANAHALLI VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT - 571 416 …PETITIONER (BY SRI. HEMANTH KUMAR K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KERAGODU POLICE STATION, MANDYA, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001 2. M.N. KEMPEGOWDA S/O LATE NINGEGOWDA, AGED ABOUT 48 YEARS, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 AGRICULTURIST, R/AT MAYAPPANAHALLI VILLAGE, KEREGODU HOBLI, MANDYA TALUK. MANDYA DISTRICT. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 SRI. MANOJ H.C., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CC.NO.314/2026 ARISING OUT OF CR.NO.9/2026 REGISTERED BY THE RESPONDENT IN KERAGODU P.S., FOR THE OFFENCES P/U/S 61(2)(a),332(b),103(1),351(2),249,238,329(4) OF BNS, 2023, PENDING BEFORE THE HONBLE ADDL. CIVIL JUDGE (SR.DN) AND CJM, AT MANDYA. IN CRL.P NO. 12526/2026 BETWEEN: SMT PRATHIBA W/O NINGARJU M.N. AGED ABOUT 40 YEARS, R/AT MAYAPPANAHALLI VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT - 571 416 ...PETITIONER (BY SRI. HEMANTH KUMAR K., ADVOCATE) AND: THE STATE OF KARNATAKA BY BY KERAGODU POLICE STATION, MANDYA, REP BY STATE PUBLIC PROSECUTOR, - 3 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 HIGH COURT COMPLEX, BENGALURU - 560 001 ...RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 SRI. MANOJ H.C., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CC.NO- 314/2026 (CRIME NO.9/2026) REGISTERED BY THE KERAGODU POLICE STATION/RESPONDENT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(2) (a), 332(b), 103 (1), 351 (2), 249, 238, 329 (4) OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILES OF HONBLE ADDITIONAL CIVIL JUDGE(SR.DN.) AND C.J.M AT MANDYA. 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.9 of 2026 registered by Keragodu Police Station, Mandya for the offences punishable under Section 61(2)(a), 332(b), 103(1), 351(2), 249, 238, 329(4) of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. - 4 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.9 of 2026 was registered by Keragodu Police Station, Mandya against Ningaraju and others, based on the first information dated 16.01.2026, received from M.N. Kempegowda (CW1), who is the brother of accused No.1/ Ningaraju and deceased Yogesh M.N. During the course of investigation of the said case, petitioners herein were arrested on 19.01.2026 and remanded to judicial custody. After completing investigation, charge sheet was filed against 9 persons and petitioners herein are arrayed as accused Nos.2 and 4 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that accused No.1/Ningaraju, CW1/M.N.Kempegowda and deceased Yogesh M.N., are direct brothers. It appears that there is some serious civil dispute between the - 5 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 brothers and other family members and multiple civil cases were pending before the jurisdictional Civil Court. The parties had fought against each other in the background of the civil dispute and therefore, accused No.1 and his family members had developed vengeance against the deceased Yogesh M.N. According to them, he was the mastermind in filing multiple cases against them. Accused No.2 is the wife of accused No.1 and accused Nos.3 and 4 are their children. It is under these circumstances, accused Nos.1 to 4 allegedly conspired with accused No.5, who is their distant relative and a person with criminal antecedents to commit the murder of Yogesh M.N. 5. In furtherance of such conspiracy on 16.01.2026, accused Nos.1, 3 and 5 armed with weapons were waiting near the house of Yogesh M.N. At about 06.45 a.m., Yogesh M.N., who came in his motorbike bearing registration No.KA-11/S-4243 parked the bike near his house and thereafter, entered his cowshed for the purpose of feeding fodder to his cows. At the said time, - 6 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 accused Nos.1 and 5 armed with weapons, entered the cowshed, assaulted Yogesh M.N., with weapons and committed his murder. Accused No.2, who is the wife of accused No.1 allegedly had closed the door of cowshed and had prevented anybody from entering the cowshed. Accused No.3 was keeping a watch nearby and he allegedly had tried to damage the CCTV cameras installed inside the cowshed. 6. The postmortem report of deceased Yogesh M.N., would go to show that he had suffered as many as 18 injuries all over his body. 7. A reading of the statements of CW2 to CW4, who are the alleged eyewitnesses in the present case would go to show that immediately after they heard Yogesh M.N., shouting inside the shed, they tried to enter the shed. But they could not, because somebody had closed the door and had held it tightly. When they peeped inside, they saw accused No.1 and 5 assaulting Yogesh - 7 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 M.N., with deadly weapons. Allegation of closing the door and holding it tightly is found in the charge sheet as against accused No.2. The eyewitnesses also have stated that immediately after the crime was committed, accused Nos.3 and 5 went in a motorbike and thereafter, accused Nos.1 and 2 followed them in another motorbike. Therefore, it is apparent that accused Nos.1, 2, 3 and 5 were very much present at the spot of crime and accused Nos.1 and 5 are the assailants in the present case. The accused Nos.2 and 3, who were also very much present at the spot of crime, aided and instigated accused Nos.1 to 5 to commit the brutal murder of deceased Yogesh M.N., who had suffered as many as 18 injuries as a result of the assault made on him by accused Nos.1 and 5. 8. CW2 to CW5 and CW9 are the eyewitnesses to the incident in question and they have spoken about the role of each of the accused persons. Accused No. 4 undisputedly was not present at the spot of crime on the alleged date of incident. Accused No.4 is said to be a - 8 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 student pursuing his LLB decree course at Mysuru. Allegation against him is about conspiracy with the other members of his family to commit the murder of his uncle Yogesh M.N. 9. Undisputedly, there is a serious civil dispute between the family members. Though, prosecution has alleged that accused No.4 had conspired with accused Nos.1 to 3 to commit the murder of his uncle Yogesh M.N., sufficient material is not collected by them to prima facie show the alleged conspiracy of accused No.4 with other accused to commit the murder of Yogesh M.N. The investigation of the case is now completed and charge sheet is filed. 10. Under the circumstances, I am of the opinion that the prayer made by accused No.4 for grant of regular bail needs to be answered affirmatively while the prayer made by the accused No.2 needs to be rejected. Accordingly, the following:- - 9 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 O R D E R (i) Crl.P.No.12526/2026 is dismissed. Crl.P.No.13237/2026 is allowed. (ii) In Crl.P.No.13237/2026, the petitioner/accused No.4 is directed to be enlarged on bail in Crime No.9 of 2026 registered by Keragodu Police Station, Mandya for the offences punishable under Section 61(2)(a), 332(b), 103(1), 351(2), 249, 238, 329(4) of BNS, 2023, subject to the following conditions: a) The petitioner/accused No.4 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/accused No.4 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 10 - HC-KAR CNR: KAHC010588252026 NC: 2026:KHC:53971 CRL.P No. 13237 of 2026 C/W CRL.P No. 12526 of 2026 c) The petitioner/accused No.4 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner/accused No.4 shall not involve in similar offences in future; e) The petitioner/accused No.4 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.: 60