- 1 - HC-KAR NC: 2026:KHC:5812 CRL.P No. 14639 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14639 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SATISH YADAV S/O YOGENDRA YADAV AGED ABOUT 26 YEARS R/O CEMENT SHEET HOUSE C/O SMT. KALA W/O YELLAPPA AMBEDKARNAGAR BEHIND GOVERNMENT SCHOOL BANDEPALYA, BOMMANAHALLI POST BENGALURU-560 068 PERMANENT RESIDENT OF CHATTIYARI VILLAGE BADAYAPAR POST DHAKVA BAZAR, GORAKPURA UTTAR PRADESH-273 211 …PETITIONER (BY SRI. SUDHARSHAN L, ADVOCATE) AND: STATE BY BANDEPALYA POLICE STATION REP. BY SPP HIGH COURT BENGALURU-560 001 …RESPONDENT (BY SRI. M.R. PATIL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5812 CRL.P No. 14639 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.94/2025 AND IN CC.NO.33428/2025 ON THE FILE OF BANDEPALYA P.S. AND PENDING ON THE FILE OF IX ACJM, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 238, 240, R/W SEC.3(5) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 483 of BNSS praying to grant bail in Crime No.94/2025 of Bandepalya Police Station, registered for offences under Section 103(1), 238, 240 r/w 3(5) of BNS. 2. Heard the learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. Even though CW.2 to CW.4 are cited as eye witnesses in the charge sheet, but they are not eyewitnesses as per their - 3 - HC-KAR NC: 2026:KHC:5812 CRL.P No. 14639 of 2025 statements. CW.2 has stated regarding extra judicial confession made by accused No.2 and CW.4 has stated regarding extra judicial confession made by accused No.3. CW.3 is a land lady. She has stated the movements of two, three friends of accused No.3 to the house of accused No.3 on the date of incident. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances. The petitioner is in judicial custody since 24.06.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that CW.4 is a witness who has seen accused Nos.1 to 3 and deceased together near the house of accused No.3. CW.2 has stated regarding extrajudicial confession made by accused No.2 in his statement recorded under Section 183 of BNSS. CW.4 has stated regarding extrajudicial confession made by accused No.3. One of the doctors who - 4 - HC-KAR NC: 2026:KHC:5812 CRL.P No. 14639 of 2025 conducted PM examination of the dead body of the deceased has opined that death is due to injury sustained. The charge sheet material show prima-facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that the deceased had disclosed the illicit relationship of accused No.1 with the wife of his brother to accused Nos.2 and 3. Accused No.1 enraged by that, in conspiracy with accused No.2 and 3 assaulted the deceased with hands on his face and dashed his head to the wall and committed his murder in the house of accused No.3. 7. The case of the prosecution is based on circumstantial evidence. Even though CW.2 to CW.4 are cited as eyewitnesses to the incident, but on perusal of - 5 - HC-KAR NC: 2026:KHC:5812 CRL.P No. 14639 of 2025 their statements, they are not eyewitnesses to the incident. CW.2 has stated regarding extrajudicial confession made by accused No.2 and CW.4 has stated regarding extrajudicial confession made by accused No.3. CW.3 is a land lady of the house of accused No.3 and she has stated the movements of friends of accused No.3 on the day of incident. CW.4 has also stated regarding he last seen the deceased and accused Nos.1 to 3 together on the day of incident. 8. Considering the above aspects, the entire case of the prosecution is based on circumstantial evidence. Therefore, each of the circumstances has to be proved at trial. The petitioner is in judicial custody since 24.06.2025 and as the charge sheet filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspect, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER - 6 - HC-KAR NC: 2026:KHC:5812 CRL.P No. 14639 of 2025 Petition is allowed. Petitioner is granted bail in Crime No.94/2025 of Bandepalya Police Station, subject to following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 10