- 1 - HC-KAR NC: 2026:KHC:16034 CRL.P No. 3357 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3357 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: SUBHAKANTH BHUYAN S/O ARUNKUMAR BHUYAN AGED ABOUT 34 YEARS R/A BALADEVNAGAR KASANANDA, PATTAMUNDIAH KENDRAPARA DISTRICT ODISHA STATE 3 754 215 (NOW IN JUDICIAL CUSTODY) &PETITIONER (BY SRI. PRAVEEN C P.,ADVOCATE) AND: STATE OF KARNATAKA K.P. AGRAHARA POLICE BENGALURU CITY REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 3 560 001 &RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16034 CRL.P No. 3357 of 2026 THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.1/2026 OF THE RESPONDENT K.P.AGRAHARA POLICE, FOR THE OFFENCE P/U/S 103(1) OF BNS, 2023, PENDING BEFORE THE XXIV ACJM, BENGALURU IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner/accused No.3 is before this Court seeking the grant of regular bail in Crime No.1/2026 of the respondent police, pending the file of the Court of XXIV Addl. Chief Judicial Magistrate, Bangalore, for the offence under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, 8BNS9). Brief facts of the case: 2. The case of the prosecution is that initially, the complaint came to be registered against an unknown person. The respondent police, after registering the case, conducted an - 3 - HC-KAR NC: 2026:KHC:16034 CRL.P No. 3357 of 2026 investigation. During the investigation, the facts of the case have been unfolded in such a way that the complainant, being a relative of the deceased, filed a complaint stating that on 01.01.2026 at about 12.19 hours, his friend Chandru had called him and informed him that his brother had been murdered by unknown persons. The complainant immediately went to the location and saw the dead body of his cousin brother, which was laying in a pool of blood in front of his house, in the passage. 3. It is further stated that the deceased was murdered in a grudge by stabbing with a sharp-edged weapon on his upper chest and left back. 4. Based on the said complaint, the respondent police have registered a case and conducted an investigation. During the investigation, they found the involvement of two other accused who assisted the present petitioner in committing the said offence. - 4 - HC-KAR NC: 2026:KHC:16034 CRL.P No. 3357 of 2026 5. Heard Sri. Lokesh Kumar P, learned counsel for the petitioner and Smt. Anitha Girish N, learned HCGP for the respondent State. 6. It is the submission of learned counsel for the petitioner that the complaint has been lodged against unknown persons. It is alleged that a knife, which is stated to have been used for the commission of an offence, has been seized from accused No. 1. Nothing has been recovered at the instance of the present petitioner. The motive has not been established by the prosecution for the commission of the murder of the deceased. 7. It is further submitted that the petitioner, who is arrested as accused No. 3, has been arrested based on suspicion. Moreover, no overt act is attributed against the present petitioner in the commission of said offence. In fact, the respondent police have registered a false case against the petitioner, and he is in judicial custody unnecessarily in this case. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide by the conditions - 5 - HC-KAR NC: 2026:KHC:16034 CRL.P No. 3357 of 2026 imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. The learned High Court Government Pleader for the respondent-State vehemently submitted that in furtherance of their common intention, the petitioner and others committed the murder of the deceased on 31.12.2025 and fled away from the spot. The overt act of this accused has been established in the remand application. The investigation is in progress. Therefore, at this stage, it is not appropriate to grant the relief as prayed for. Moreover, the petitioner is a permanent resident of Orissa, and there may be chances of absconding from the case. Hence, it is not appropriate to grant him bail. Making such submissions, learned HCGP prays to reject the petition. 9. Having heard learned counsel for the respective parties and perused the averments of the charge sheet as well as the remand application, it appears that a complaint was registered by the complainant stating that he is living at the said address stated in the complaint as a flower vendor. The deceased was his cousin brother. He was a resident of - 6 - HC-KAR NC: 2026:KHC:16034 CRL.P No. 3357 of 2026 Bhuvaneshwari Nagara. On 01.01.2026, at around about 12.19 hours, he received a message from his friend stating that some unknown persons had murdered his cousin brother in front of his house. Immediately, he went to the said location and saw that the dead body of his cousin brother was lying in the passage of the said house. Therefore, he lodged a complaint against unknown persons and requested the respondent police to take legal action against the assailants. 10. No doubt, initially, a complaint has been lodged against unknown persons. However, during the investigation, the respondent police have traced the motive behind the said murder. As per the averments of the remand application, the deceased, after consuming alcohol, used to quarrel with the petitioner and others very often. Therefore, the petitioner and others are stated to have committed the murder of the deceased. However, on going through the entire records available along with the petition, it appears that the petitioner is from Orissa State and he was working here as a labourer. Therefore, having considered that the petitioner is a resident of Orissa and also other facts and circumstances of the case, I am - 7 - HC-KAR NC: 2026:KHC:16034 CRL.P No. 3357 of 2026 of the considered opinion that this is not a good case to grant relief as prayed for, Hence, I proceed to pass the following: ORDER The petition stands rejected. Sd/- (S RACHAIAH) JUDGE JS/- List No.: 1 Sl No.: 45