- 1 - HC-KAR NC: 2026:KHC:4892 CRL.P No. 17366 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17366 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. YASHAWANTHA H P S/O PANDU @ PANDU RANGAPPA AGED ABOUT 26 YEARS OCC:AGRICULTURIST R/O LAKKAMMA TEMPLE KABBALA. HOSADURGA TALUK CHITRADURGA DISTRICT PIN-577 526. …PETITIONER (BY SRI SUYOG HERELE E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HOSADURGA POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN CRIME No.339/2025 (PENDING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4892 CRL.P No. 17366 of 2025 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC COURT AT HOSADURGA IN C.C.No.1623/2025) REGISTERED BY HOSADURGA POLICE STATION, CHITRADURGA DISTRICT, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 140(1),103(1),238,61(2),54,249,3(5) AND 190 OF BNS 2023. 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. 2 under Section 483 of BNSS praying to grant bail in Crime No. 339/2025 of Hosadurga Police Station registered for offence under Sections 140(1), 103(1), 238, 61(2), 54, 249, 3(5) and 190 of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that accused No. 1 has been granted bail by this Court. Case of the prosecution is based on circumstantial evidence and there are no eye witnesses to the incident. PM report indicates that cause of death is undetermined. - 3 - HC-KAR NC: 2026:KHC:4892 CRL.P No. 17366 of 2025 There is no recovery at the instance of the petitioner. There was a matrimonial dispute between accused No. 1 and the deceased. Accused No. 1 had filed a divorce case against the deceased and it was pending. As charge sheet is filed petitioner 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 this petitioner had illicit relation with accused No. 1. Accused No. 1 instigated the petitioner to kill the deceased as he was coming in the way of their illicit relation and quarreling with her. Charge sheet material show prima facie case against the petitioner for offence alleged against him. With this, he prayed for dismissal of the petition. 5. Having heard learned counsel for the parties this Court has perused the charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2026:KHC:4892 CRL.P No. 17366 of 2025 6. This Court while granting bail to accused No. 1 in the order dated 16.12.2025 passed in Crl.P. No. 14618/ 2025, in paragraph No. 6, has observed as under: “6. The deceased was found missing and a complaint came to be filed in that regard on 17.02.2025 in Crime No.77/2025. The dead body of the deceased was found on 22.02.2025 and UDR No.2/2025 had been registered in a Lingadahalli Police Station. Thereafter, the father of the deceased filed a complaint on 20.07.2025 and it came to registered in Crime No.339/2025 and FIR came to be registered against unknown persons. After the investigation, the charge sheet has been filed against five accused persons, wherein the petitioner is arrayed as accused No.1. The case of the prosecution as per charge sheet is that, the petitioner had illicit relation with accused No.2 and on coming to know the same, the deceased had quarreled with her, she left her husband's house and was residing in her parents' house. The deceased used to go to the house of the petitioner and used to quarrel with her. In that regard, three FIRs' are registered in Hosadurga Police Station. - 5 - HC-KAR NC: 2026:KHC:4892 CRL.P No. 17366 of 2025 As per the charge sheet, the accusation against the petitioner is that, as the deceased was quarreling with her, she instigated accused No.2 to kill the deceased and pursuant to the said instigation, accused Nos.2 to 4 took the deceased and assaulted him and strangulated him with a towel and committed his murder. The only accusation against the petitioner is that, she instigated accused No.2 to kill the deceased. The petitioner was not on the spot at the time of the incident. The petitioner is a woman. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 22.07.2025. There are no criminal antecedents of the petitioner.” 7. The accusation against this petitioner is that he along with accused Nos. 3 and 4 took the deceased, assaulted him, strangulated him with a towel and committed his murder. There are no eyewitnesses to the incident and case of the prosecution is based on circumstantial evidence. There is no recovery of any incriminating article at the instance of this petitioner. As - 6 - HC-KAR NC: 2026:KHC:4892 CRL.P No. 17366 of 2025 the case of the prosecution is based on circumstantial evidence, prosecution has to prove each of the circumstances at trial. As charge sheet is filed, petitioner is not required for further custodial interrogation. Petitioner is in judicial custody since 23.07.2025. 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 Criminal Petition is allowed. Petitioner is granted bail in Crime No. 339/2025 of Hosadurga 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 likesum to the satisfaction of the Jurisdictional Court. - 7 - HC-KAR NC: 2026:KHC:4892 CRL.P No. 17366 of 2025 II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 13 Ct.sm