- 1 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 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. 1262 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MADANKUMAR M V S/O VASANTHA M.K, AGED ABOUT 29 YEARS, R/AT BELLAVI MAJJIGE, TUMKUR TALUK, PERSENTLY R/AT INDIRANAGARA, HAANDI, GULLAPETE POST, ALDURU HOBLI, CHIKKAMAGALURU TALUK-577101. 2. KISORE G.R. S/O RENUKAIAH G.N., AGED ABOUT 29 YEARS, R/AT P.GOLAHALLI, SOREKUNTE POST, BELLAVI HOBALI, TUMAKUR TALUK, TUMAKUR DISTRICT-572128. &PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA.,ADVOCATE) Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 of 2026 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, SAKRAYAPATNA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560001 &RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF ENLARGING THE PETITIONERS ON REGULAR BAIL IN CONNECTION WITH CR.NO.231/2025 PERTAINING TO SAKRAYAPATNA P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 118(1) READ WITH SECTION 3(5) OF BNS 2023 AND SUBSEQUENTLY INVOKED SECTIONS 189(2), 11(2), 191(3), 190, 49, 54 AND 61(1) OF BNS 223 NOW PENDING ON THE FILE OF HONBLE COURT OF 2ND ADDITIONAL CIVIL JUDGE (JR.DN) AND CHIEF JUDICIAL MAGISTRATE COURT AT KADUR. 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 present petitioners are arrayed as accused Nos.8 and 9 seeking for regular bail in Crime No.231/2025 of Sakrayapatna Police Station for the offences punishable under Sections 103(1), 118(1) read with Section 191(3), - 3 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 of 2026 190, 49, 54 and 61(1) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned II Additional Civil Judge (Jr.Dn.) and Chief Judicial Magistrate, Kadur. FACTUAL MATRIX OF THE CASE 2. The case of the prosecution is that the complainant was running a canteen beside Akshaya Wines on the main road of Sakrayapatna Town. On 05.05.2025 at about 9:35 p.m., while the complainant was present in the canteen, he received a phone call from his maternal uncle, Ganesh, who inquired whether one Sandeep was present there. On confirming that Sandeep was there, the said Ganesh requested him to hand over the phone to Sandeep. Accordingly, the complainant put his mobile phone on loudspeaker mode and gave it to Sandeep. At that time, the complainant's uncle Ganesh informed that near the KSRTC Bus stand, Sajay Gowda and his friends were assaulting him and requested Sandeep to come there immediately. Thereafter, Sandeep went towards the bus - 4 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 of 2026 stand on his friend's motorcycle. Later, at about 10:00 p.m., the complainant noticed his maternal uncle, Ganesh, along with Sandeep, passing in front of the canteen in a car, and thereafter, at about 10:08 p.m., he again observed them proceeding in the said vehicle. 3. The uncle of the complainant called the complainant and stated that Sanjay Gowda and others were assaulting him, and they might have also caused trouble to his family and asked the complainant to go near his house immediately. The complainant closed his canteen and went to the house of his uncle at about 10.40 p.m. When the complainant called, the deceased Ganesh did not answer the call. Then, the complainant called Sandeep, who was in a frightened state and informed that near the arch of Kalmaradi Mutt, Sanjay Gowda and his friends had assaulted Ganesh on the head with a long chopper and caused grievous injuries; he escaped from the clutches. After receiving the said information, the complainant went to the spot and found - 5 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 of 2026 that his uncle Ganesh had sustained injuries and was lying beside the car; he had injuries all over his body. Thereafter, the Sakarayapatna Police went to the spot and took the deceased Ganesh in an ambulance to Chikmagalur District Government Hospital. Thereafter, a complaint was registered against the accused. 4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent of the alleged offences. They have been falsely implicated in this case. Even on reading the averments of the charge sheet, the overt acts of these petitioners are not forthcoming in the charge sheet. The allegations made against the petitioners are that they had instigated the accused to commit the murder of the deceased/Ganesh. The presence of the petitioners at the spot has not been established. They are the permanent residents of Chikkamagaluru Taluk and Tumakuru Taluk, respectively. They will abide by the conditions to be imposed by this Court. Making such a submission, he prayed to allow the petition. - 6 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 of 2026 5. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioners and others have committed a heinous offence. CW3/Sandeep is the eyewitness to the incident and has categorically stated that the petitioners were present at the spot along with other accused. Even the tower location would also indicate that they were present and participated in the said incident. The car used for the commission of the offence has been seized at the instance of accused No.8. There are sixteen eyewitnesses to the incident. Therefore, petitioners are not required to be enlarged on bail. If they are released on bail, there may be chances of committing similar offences, and also there may be chances of threatening the prosecution witnesses. Making such a submission, he prayed to reject the petition. 6. Heard the learned counsel of the respective parties and also perused the averments of the charge sheet. It appears from the averments of the charge sheet - 7 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 of 2026 that Accused No.1 and the deceased were having a political rivalry. The accused No.1, along with others, hatched a plan to commit the murder of the deceased, Ganesh Gowda. It is alleged that accused No.1 and others have committed the murder of deceased Ganesh Gowda. No doubt, there are sixteen eyewitnesses in this case. However, the overt acts of the present petitioners are not forthcoming. Moreover, it appears that they have not actively participated in the murder of the deceased Ganesh gowda. Having considered the said aspect, it is appropriate to grant them bail by imposing suitable conditions. Hence, I proceed to pass the following. ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.231/2025 of Sakrayapatna Police Station for the offences punishable under Sections 103(1), 118(1) read with Section - 8 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 of 2026 191(3), 190, 49, 54 and 61(1) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned II Additional Civil Judge (Jr.Dn.) and Chief Judicial Magistrate, Kadur. on executing a personal bond in a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. (v) The petitioners shall not indulge in any criminal cases till disposal of the case. - 9 - HC-KAR NC: 2026:KHC:15539 CRL.P No. 1262 of 2026 In case the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail granted to them. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 23