- 1 - HC-KAR CNR: KAHC010619132026 NC: 2026:KHC:54166 CRL.P No. 13837 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. 13837 OF 2026 BETWEEN: SRI HARISH M.N S/O NAGARAJU AGED ABOUT 27 YEARS R/AT OLD OKKALIGA ROAD MADDUR TOWN MANDYA DISTRICT - 571 428. …PETITIONER (BY SRI VIJAYA RAJAARSU R, ADV.) AND: STATE OF KARNATAKA BY MADDUR POLICE STATION MANDYA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 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 ALLOW THIS CRL.P FILED UNDER SEC.483 OF BNSS 2023 AND SET ASIDE THE ORDER DATED 10.08.2026 PASSED BY THE LEARNED V ADDL.DIST. AND SESSIONS JUDGE MANDY IN CRL.A.NO.672/2026 IN SO FAR AS IT RELATES TO THE PETITIONER / ACCUSED NO.12. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010619132026 NC: 2026:KHC:54166 CRL.P No. 13837 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.12 in Crime No.136/2026 registered by Maddur Police Station, Mandya, for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 103(1) and 190 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.136/2026 was registered by Maddur Police Station, Mandya, for the offence punishable under Section 103(1) of BNS, 2023, against unknown person based on the first information dated 06.04.2026 received from Prema, mother of deceased Yashawantha. During the course of investigation of the said case, petitioner herein was arrested on 12.04.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against 12 persons. Petitioner is arraigned as accused No.12 in the charge sheet. His bail application filed before the Trial Court in - 3 - HC-KAR CNR: KAHC010619132026 NC: 2026:KHC:54166 CRL.P No. 13837 of 2026 Crl.Misc.No.672/2026 was rejected on 10.08.2026. Therefore, he is before this Court. 4. Mother of the deceased Yashawantha had approached the police on 06.04.2026, after she had received information about the murder of her son Yashawantha, within the jurisdiction of Maddur Police Station. During the course of investigation, petitioner herein was arrested and remanded to judicial custody. Charge sheet is now filed against 12 persons. As per charge sheet allegations, on 05.04.2026 at about 05.30 p.m., Yashawantha @ Kajji and his friends/CW 3 to CW 9 were all consuming beer. It appears that accused No.2 and his friends CW 17 and 18 were also consuming beer in a near by place. At about 06.30 p.m. Yashawantha went to the place where accused No.2 and his friends were consuming beer and asked them to provide him a cigarette. Since accused No.2 and his friends did not provide cigarette, Yashawantha allegedly abused them and thereafter, there was a quarrel between them. Subsequently, accused No.2 had informed his friends/accused Nos.1, 3 and 4 about the quarrel that had taken place in which Yashawantha had assaulted accused No.2. Accused No.1, - 4 - HC-KAR CNR: KAHC010619132026 NC: 2026:KHC:54166 CRL.P No. 13837 of 2026 therefore, contacted petitioner, who was the friend of Yashawanta and asked him to summon Yashawantha for the purpose of settling the dispute between accused No.2 and Yashawantha. Petitioner and CW13 thereafter summoned Yashawantha for the purpose of settling the dispute with accused No.2 - Sachin. 5. Accordingly, at about 09.30 p.m. Yashawantha and his friends came to the spot of crime for the purpose of settling their dispute with accused No.2 - Sachin. It appears that at the instance of accused No.2, other accused persons also had gathered at the spot of crime and after, Yashawantha and his friends came there, accused Nos.1 and 2 raised a quarrel with him and assaulted him with hands. Thereafter, both the parties had fought against each other and as a result, Yashawantha fell down on the ground. Accused No.2, who picked up a stone assaulted him with the same near his right eye and accused No.7 - Mahesh assaulted Yashawantha with a wooden club on his head. As a result, Yashawantha collapsed at the spot and though he was shifted to Hospital, he subsequently died while undergoing treatment. - 5 - HC-KAR CNR: KAHC010619132026 NC: 2026:KHC:54166 CRL.P No. 13837 of 2026 6. From the aforesaid, it is apparent that petitioner had summoned Yashawantha to the spot of crime for the purpose of settling his dispute with accused No.2. After Yashawantha came to the spot, accused Nos.1 and 2 had picked up a quarrel and initially assaulted him with hands and when he fell down, it was accused Nos.1 and 7, who assaulted him with weapons and as a result, he had suffered injuries and subsequently, died in the Hospital. There is no allegation against the petitioner about he assaulting deceased Yashawantha or any other injured victim in the present case. It is not in dispute that petitioner has no other criminal antecedents. Under the circumstances, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.136/2026 registered by Maddur Police Station, Mandya, for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 103(1) and 190 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the - 6 - HC-KAR CNR: KAHC010619132026 NC: 2026:KHC:54166 CRL.P No. 13837 of 2026 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 DN List No.: 1 Sl No.: 71