- 1 - HC-KAR NC: 2026:KHC:4527 CRL.P No. 16624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16624 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SURYA N S/O LATE NAGESH.D AGED ABOUT 19 YEARS R/AT APOLLO ICE CREAM FACTORY SHIVANI TE, NT HOUSE ROAD KUNIGAL TOWN, TUMKUR-572 130. …PETITIONER (BY SRI. DALWAI VENKATESH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUNIGAL POLICE STATION KUNIGAL – 572 130 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENT (BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.No.1479/2025 (CR.No.225/2025 REGISTERED BY THE KUNIGAL POLICE STATION) PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC KUNIGAL, TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 61(2)(a),238(b),109(1),308(5),137(1)(a),3(5),103 OF BNS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4527 CRL.P No. 16624 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. 1 under Section 483 of BNSS praying to grant bail in Crime No. 225/2025 of Kunigal Police Station registered for offence under Sections 61(2)(a), 238(b), 109(1), 308(5), 137(1)(a), 3(5), 103 of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. Motive alleged is that the deceased who is the father of this petitioner was looking at his daughter with a bad intention and was making sexual remarks. Deceased had assaulted the petitioner first and thereafter this petitioner had assaulted the deceased. Said act itself indicates that the alleged incident had taken place in a - 3 - HC-KAR NC: 2026:KHC:4527 CRL.P No. 16624 of 2025 sudden quarrel and it was not premeditated. Petitioner is aged 19 years and he is in custody since 12.05.2025 and he is not required for further custodial interrogation as charge sheet is filed. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition. 4. Per contra learned HCGP would contend that the alleged act of petitioner and another assaulting and killing the deceased has been recorded in CCTV and footage has been seized. Earlier this petitioner had given supari to another accused to kill the deceased and it shows the intention of the petitioner to kill the deceased. Charge sheet material show prima facie case against the petitioner for offence alleged against him. With this he prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused charge sheet and other materials placed on record. 6. Deceased is father of the petitioner. Petitioner is having a sister. There is an allegation that the deceased was looking at his daughter with sexual intent. It is alleged - 4 - HC-KAR NC: 2026:KHC:4527 CRL.P No. 16624 of 2025 that the petitioner earlier gave supari to other accused, but, subsequently on the day of incident, he and accused No. 2 went to the factory of deceased and committed his murder. At the time of incident there were exchange of words between petitioner and deceased. At that time deceased assaulted with steel rod on accused No. 1 and at that time, petitioner with a towel pressed the neck of the deceased and at that time accused No. 2 held the deceased tightly. Said aspect indicates that the deceased first assaulted the petitioner. 7. Entire case of the prosecution is based on circumstantial evidence. CCTV footage which is alleged to contain the recording of the acts of this petitioner and another accused, killing the deceased has been seized. As the case of the prosecution is based on circumstantial evidence each of the circumstances have to be proved at the trial. As charge sheet is filed petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. - 5 - HC-KAR NC: 2026:KHC:4527 CRL.P No. 16624 of 2025 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 Crime No. 225/2025 of Kunigal Police Station subject to following conditions. I. Petitioner shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the likesum 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 cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 15 Ct.sm