- 1 - HC-KAR NC: 2026:KHC:4526 CRL.P No. 16861 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. 16861 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. CHANDRASHEKAR J M S/O MANJANNA AGED 28 YEARS R/O. VIJAYANAGARA KUDUMANGALURU VILLAGE KUSHALNAGARA TALUKU KODAGU DISTRICT. …PETITIONER (BY SRI PRATHEEP K C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KUSHALNAGARA RURAL POLICE STATION KUSHALNAGARA, KODAGU DISTRICT. REP. SPP HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL IN CR.No.118/2025 IN (C.C.No.1338/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(2)(a), 103(1), 140(1), 238(a) R/W 3(5) OF BNS, 2023 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC COURT KUSHALNAGAR. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4526 CRL.P No. 16861 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. 118/2025 of Kushalnagar Rural Police Station for offence under Sections 61(2)(a), 103(1), 140(1), 238(a) read with Section 3(5) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that alleged incident has taken place on 14.03.2025 and complaint has been filed on 19.07.2025 and there is delay in filing the complaint. Entire case of the prosecution is based on circumstantial evidence. C.W.2 and C.W.5 are stated to have last seen the accused persons with the deceased and their statements are recorded on 22.07.2025 even though they have stated in their statements that they came to know about the death of the - 3 - HC-KAR NC: 2026:KHC:4526 CRL.P No. 16861 of 2025 deceased on 16.03.2025. The Doctor who conducted postmortem examination on the dead body of the deceased has opined that time since death is 3 to 4 days prior to postmortem examination and that itself indicates that death might have taken place either on 12th or 13th March, 2025. As charge sheet is filed, petitioner is not required for further custodial interrogation. As the case of the prosecution is based on circumstantial evidence, prosecution has to prove each of the circumstances at trial. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra learned HCGP would contend that statement of C.W.2 has been recorded under Section 183 of BNS. C.W.2 and C.W.5 have stated regarding they seeing the accused persons with the deceased on 14.03.2025 when they were taking the deceased in the car. Petitioner has not attended the funeral of the deceased and that itself indicates that he has committed the alleged offence. Charge sheet material show prima - 4 - HC-KAR NC: 2026:KHC:4526 CRL.P No. 16861 of 2025 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 the charge sheet and other materials placed on record. 6. Petitioner is the son of the deceased. The deceased was a handicapped person. It is alleged that the petitioner along with two others, in the guise of getting treatment for the deceased, took him in a car and when he raised objection they assaulted him on his face, he became unconscious and considering that he is dead, they threw his body in Cauvery river. 7. Postmortem report indicates that cause of death of the deceased is due to drowning. Case of the prosecution is based on circumstantial evidence. C.W.2 and C.W.5 are stated to be witnesses who have last seen the accused persons and the deceased together on 14.03.2025 when the accused persons were taking the deceased in the car. As the case of the prosecution is - 5 - HC-KAR NC: 2026:KHC:4526 CRL.P No. 16861 of 2025 based on circumstantial evidence, prosecution has to prove each of the circumstance at the trial. Petitioner is in judicial custody since 19.07.2025 and as charge sheet is filed 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 case for grant of bail with conditions. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in Crime No. 118/2025 of Kushalnagar Rural 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. - 6 - HC-KAR NC: 2026:KHC:4526 CRL.P No. 16861 of 2025 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.: 16 Ct.sm