- 1 - HC-KAR NC: 2026:KHC:3267 CRL.P No. 15592 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15592 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI NANDISHA K R S/O. RAJANNA AGED ABOUT 28 YEARS R/AT, KANGANAHALLI VILLAGE NANDI HOBLI, CHIKKABALLAPURA TALUK AND DIST 562 101 …PETITIONER (BY SRI. MANJUNATHA A C., ADVOCATE) AND: THE STATE OF KARNATAKA BY CHIKKABALLAPURA P.S. CHIKKABALLAPURA CIRCLE CHIKKABALLAPURA DISTRICT - 562 105 REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI.HARISH GANAPATHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Cr.P.C (UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SC.NO.42/2025 ARISING OUT OF CR.NO.22/2025 OF RESPONDENT CHIKKABALLAPURA RURAL P.S., CHIKKABALLAPURA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(2), 61(1)(b), 190, 238 OF Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3267 CRL.P No. 15592 of 2025 BNS, 2023, PENDING ON THE FILE OF THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA, VIDE ANNEXURE-D. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 9 under Section 483 of the BNSS praying to grant bail in S.C. No. 42/2025 (Crime No. 22/2025 of Chikkaballapura Rural Police Station) pending on the file of I Additional District and Sessions Judge, Chikkaballapura registered for offence punishable under Sections 103(2), 61(1)(b), 190, 238 of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that name of this petitioner is not there in the complaint/FIR. There is no serious overt act alleged against this petitioner. Serious overt act of assault is alleged against accused Nos. 1, 2, 6 and 8. Allegation - 3 - HC-KAR NC: 2026:KHC:3267 CRL.P No. 15592 of 2025 against the petitioner is that he was holding the shirt of the deceased at the time of incident. Accused Nos. 7 and 11 who were also present on the spot at the time of the incident have been granted bail by this Court. As charge sheet is filed petitioner is not required for further custodial interrogation. There are no criminal antecedents. With this he prayed to allow the petition. 4. Per contra learned HCGP would contend that the petitioner went along with accused No. 1 in a car. Petitioner, at the time of incident, was holding the shirt of the deceased and facilitating other accused to assault the deceased. C.W.3 is an eyewitness to the incident. There was an unlawful assembly by the accused persons and their common intention was to assault and commit the murder of the deceased. Charge sheet material show prima facie case against the petitioner. With this he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:3267 CRL.P No. 15592 of 2025 5. Having heard learned counsel for the parties the Court has perused the charge sheet and other materials placed on record. 6. This Court while granting bail to accused No. 11, in the Order dated 16.11.2025 passed in Crl.P. No. 14973/2025 has observed as under: “On perusal of column-17 of the charge sheet, the accusation against this petitioner is that he went along with accused No.1 in his car, in which accused Nos.6 and 9 were also inmates and accused No.4 was driving a car. This petitioner along with accused Nos.3 to 7 and 10 standing on the canal in order to see that the deceased should not escape and at that time, accused No.9 held the shirt of the deceased and accused Nos.1, 2, 6 and 8 assaulted him and caused his death. There is no serious overtact of assault is alleged against the petitioner. The petitioner is in judicial custody since 04.02.2025 and as the charge sheet is filed, the petitioner is not required for custodial interrogation.” 7. Considering the above aspects, the allegation against this petitioner is that at the time of incident he held the shirt of the deceased and at that time accused no. - 5 - HC-KAR NC: 2026:KHC:3267 CRL.P No. 15592 of 2025 1 with dagger, accused No. 2 with machete and accused Nos. 6 and 8 with size stone have assaulted the deceased and caused his death. There is no serious over act alleged against this petitioner of assaulting the deceased. Petitioner is in judicial custody since 04.02.2025 and as charge sheet he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, petitioner has made out a case for grant of bail with conditions. 9. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in S.C. No. 42/2025 (Crime No. 22/2025 of Chikkaballapura Rural Police Station) pending on the file of I Additional District and Sessions Judge, Chikkaballapura subject to following conditions. - 6 - HC-KAR NC: 2026:KHC:3267 CRL.P No. 15592 of 2025 I. Petitioner – accused No. 9 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. II. Petitioner - accused No. 9 shall not tamper the prosecution witnesses either directly or indirectly. III. petitioner – accused No. 9 shall appear before the trial Court on all dates of hearing unless exempted by the Court and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 8