- 1 - HC-KAR NC: 2026:KHC:14722 CRL.P No. 1529 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1529 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHIVASHANKARA @ GUMMATE S/O. SHIVAKUMARA SHETTY AGED ABOUT 32 YEARS, R/AT, SUBHAS NAGARA, TB BADAVANI, NAGAMANAGALA NAGAMANAGALA TALUKU, MANDYA, DISTRICT – 571 432 …PETITIONER (BY SRI. HONNESHA B R., ADVOCATE) AND: STATE BY KUNIGAL POLICE STATION Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14722 CRL.P No. 1529 of 2026 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001 …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE HIM ON BAIL, WHO IS THE ACCUSED NO.12 IN CRIME NO.225/2025 IN CC NO.1479/2025, ON THE FILE OF THE RESPONDENT KUNIGAL POLICE STATION, NOW PENDING ON THE HON’BLE SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL FOR THE OFFENCES P/U/S 61(2)(a), 238(b), 109(1), 308(5), 137(1)(a), 3(5), 103 OF BNS ACT 2023, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14722 CRL.P No. 1529 of 2026 ORAL ORDER 1. The petitioner, who is arraigned as accused No.12, is before this Court seeking for grant of regular bail in C.C.No.1479/2025 pending on the file of the learned Senior Civil Judge and JMFC, Kunigal, Tumkur, arising out of Crime No.225/2025 registered by the respondent- police for the offences punishable under Sections 61(2)(a), 238(b), 109(1), 308(5), 137(1)(a), 3(5), 103 of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, Smt. Savitha T.D., wife of late Shivanna, lodged a complaint stating that, on 11.05.2025, she had received information regarding the death of her brother Nagesh D. On receiving the said information, she went to the Police Station and lodged a complaint, which was registered as UDR No.20/2025. Further, on receiving the information that the death was unnatural and she came to know that the accused No.1, being the son of her brother Nagesh, had committed the murder of his father along with the other accused, on - 4 - HC-KAR NC: 2026:KHC:14722 CRL.P No. 1529 of 2026 receiving the said complaint, the respondent - police have registered FIR against accused No.1 - Surya and others and started investigation. During investigation, the facts of the case have been unfolded in such a way that the deceased had two children, namely Surya and Sree Lakshmi. It is further stated that the deceased Nagesh was not having a cordial relationship with his wife Anu and they were residing separately for the past fourteen to fifteen years. The deceased Nagesh was living along with accused No.1 and his daughter Sree Lakshmi. It is alleged that, due to the said strained relationship and also some unavoidable circumstances, accused No.1 by taking the help of other accused, committed the murder of his father. The respondent – Police after conducting investigation, submitted the charge sheet. 3. Heard Sri Honnesha B.R., learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent – State. 4. The submission of the learned counsel for the petitioner is that the entire case is based on circumstantial evidence. - 5 - HC-KAR NC: 2026:KHC:14722 CRL.P No. 1529 of 2026 The overt act of the present petitioner is not forthcoming in the charge sheet. Though it is alleged that the present petitioner is involved in the commission of murder of the deceased, the prosecution has failed to establish the involvement of the present petitioner. In fact, he is not at all involved in the commission of murder of the deceased Nagesh. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 5. Per contra, learned High Court Government Pleader for the respondent - State vehemently submitted that the overt act of the present petitioner is that the accused No.1 had given supari to commit murder of his father to the present petitioner and others. There was a dispute in respect of the amount of which they agreed upon to commit the murder of deceased Nagesh. It is alleged that the petitioner and others were threatening the accused No.1, to extort money from him. On - 6 - HC-KAR NC: 2026:KHC:14722 CRL.P No. 1529 of 2026 10/11.05.2025, the accused Nos.1 and 2 committed murder of the deceased Nagesh and informed the said incident to the present petitioner and others. The manner in which the petitioner had accepted the supari to commit the murder of the father of accused No.1 would indicate the intention and motive for the murder and extortion. The petitioner and others have committed a serious offence, which is heinous in nature. Hence, it is not appropriate to grant him bail. Making such submission, learned High Court Government Pleader prays to reject the petition. 6. Having heard learned counsel for the respective parties and perused the averments made in the charge sheet, it would indicate that accused No.1, who is the son of the deceased Nagesh, had entrusted the work to commit murder of his father to the petitioner and other accused. The supari was accepted by the petitioner and other accused. However, it was not executed properly. There was a dispute in respect of the amount between the accused No.1 and the other accused. The overt act - 7 - HC-KAR NC: 2026:KHC:14722 CRL.P No. 1529 of 2026 alleged against the present petitioner is that, he and others had demanded an additional amount from accused No.1 to commit the murder of his father. In the meantime, accused Nos.1 and 2 committed murder of the father of accused No.1 and informed the said incident to the other accused. On going through the facts and circumstances of the case and also the fact that other accused have been enlarged on bail by the Co-ordinate Bench of this Court, I am of the considered opinion that the present petitioner is standing on the same footing and it is appropriate to grant him bail, by imposing suitable conditions. 7. Hence, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in C.C.No.1479/2025 pending on the file of the learned Senior Civil Judge and JMFC, Kunigal, Tumkur, arising out of Crime No.225/2025 registered by the respondent-police for - 8 - HC-KAR NC: 2026:KHC:14722 CRL.P No. 1529 of 2026 the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 35