- 1 - HC-KAR NC: 2026:KHC:5771 CRL.P No. 16557 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. 16557 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. MAHESH @ HANDIGALA MAHESHA S/O SEENAPPA AND ASHWATHAMMA AGED ABOUT 30 YEARS RESIDING AT NEAR BUS STAND SIDDLGHATTA TOWN CHIKKABALLAPURA DISTRICT-562 105 …PETITIONER (BY SRI. PRAVEEN C, ADVOCATE) AND: THE STATE BY SIDLAGHATTA RURAL POLICE STATION CHIKKABALLAPURA DISTRICT-562 105 REPRESENTED BY THE S.P.P HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.1346/2025 (CR.NO.216/2025) FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 364,302,149,120(b) OF IPC REGISTERED BY SHIDLAGATTA RURAL POLICE, PENDING BEFORE THE HON’BLE COURT OF THE PRL.CIVIL JUDGE AND J.M.F.C COURT AT SHIDDLAGATTA, CHIKKABALLAPURA DISTRICT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5771 CRL.P No. 16557 of 2025 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 BNSS praying to grant bail in Crime No. 216/2025 of Shidlagatta Police Station registered for offences punishable under Sections 364, 302, 120(B) read with Section 149 of IPC. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that accused Nos. 5 to 8 have been granted bail by this Court in Crl.P. Nos. 13617/2025 and 13117/2025 by orders dated 03.11.2025 and 17.11.2025 respectively. Petitioner is similarly placed to that of accused Nos. 5 to 8 who have been granted bail. Petitioner has been arrested on 29.10.2025 and he is in judicial custody since then and as chargesheet is filed, petitioner is not required for - 3 - HC-KAR NC: 2026:KHC:5771 CRL.P No. 16557 of 2025 custodial interrogation. There is no allegation against the petitioner of killing the deceased. The allegation against the petitioner is shifting the dead body to Tamil Nadu and considering the same, at the most, the offence under Section 201 of IPC is attracted. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, learned HCGP for respondent – State would contend that petitioner and other accused conspired to kill the deceased. Accused Nos. 1 to 6 have kidnapped the deceased and killed him. With the assistance of other accused, they transported the dead body from Karnataka to Tamil Nadu. Said transportation of the dead body is as per plan of this petitioner. Petitioner is having main role in the offence alleged against him. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:5771 CRL.P No. 16557 of 2025 5. Having heard learned counsel for the parties, the Court has perused FIR, complaint and other materials placed on record. 6. This Court while granting bail to accused Nos. 5, 6 and 8 in the order dated 17.11.2025 passed in Crl.P. No. 13117/2025 has observed as under: “6. After receipt of papers from Thali Police Station, Krishnagiri District, Tamil Nadu, the FIR has been registered against accused Nos.1 to 6. The investigation officer has secured accused Nos.5 to 8 and recorded their voluntary statements. As per their voluntary statements, accused Nos.1 to 10 conspired to kill the deceased. Accordingly, accused Nos.1 to 6 kidnapped the deceased in Santro car, took him to Hosakote –Malur road and assaulted him with clubs and killed him. Thereafter, accused Nos.1 to 10 shifted the dead body to Tamil Nadu as per plan of accused No.9. Considering the above aspects, there is no role of this petitioner No.3/accused No.8 in murder of the deceased. Except voluntary statements of petitioner Nos.1 and 2 -accused Nos.5 and 6, at present there are - 5 - HC-KAR NC: 2026:KHC:5771 CRL.P No. 16557 of 2025 no other circumstances. Petitioners have not been taken to police custody for interrogation and they are in judicial custody since 12.08.2025. Accused Nos.1 to 4 who is stated to have role in kidnapping and murder of deceased -Girish have been granted bail earlier by Sessions Court/ High Court of Madras. As the major portion of the investigation is over, petitioners are not required for custodial interrogation. There are no criminal antecedents of petitioners. Considering the above aspects, petitioners have made out case for grant of bail with conditions.” 7. The accusation against this petitioner is shifting the dead body of the deceased from Karnataka to Tamil Nadu in a car. Accusation against accused Nos. 7 and 8 who are granted bail is also similar to that of this petitioner i.e. shifting the dead body from Karnataka to Tamil Nadu. Therefore, petitioner is entitled for grant of bail on the ground of parity. As chargesheet is filed, - 6 - HC-KAR NC: 2026:KHC:5771 CRL.P No. 16557 of 2025 petitioner is not required for further custodial interrogation. Petitioner is in custody since 29.10.2025. 8. Considering the above aspects, petitioner has made out case for grant of bail with conditions. In the result, the following; O R D E R Petition is allowed. petitioner is granted bail Crime No. 216/2025 of Shidlagatta Police Station subject to following conditions: I. Petitioner – accused No. 9 shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of Jurisdictional Court. II. Petitioner – accused No. 9 shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner – accused No. 9 shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. - 7 - HC-KAR NC: 2026:KHC:5771 CRL.P No. 16557 of 2025 IV. Petitioner – accused No. 9 shall not involve in commission of any offence. If petitioner is found involved in commission of any offence, the prosecution is at liberty to move application seeking cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 11