- 1 - HC-KAR NC: 2026:KHC:13197 CRL.P No. 2047 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2047 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHANTHARAJU N.S @ SANTHOSH S/O LATE SHIVANANJEGOWDA AGED ABOUT 38 YEARS R/AT VIGNESHWARA NAGARA SUKNADAKATTI MAGADI ROAD BENGALURU CITY - 560 091. 2. SHIVALINGA @ SHIVA S/O GOVINDASHETTY AGED ABOUT 22 YEARS R/AT CHANNENAHALLI, SUKNADAKATTI MAGADI ROAD BENGALURU CITY - 560 091. … PETITIONERS (BY SRI. HONNESHA B. R., ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13197 CRL.P No. 2047 of 2026 AND: STATE OF KARNATAKA BY M.K DODDI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. … RESPONDENT (BY SRI. B LAXMAN, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THEM ON BAIL WHO ARE ACCUSED NOS.3 AND 5 IN CRIME NO.84/2025 REGISTERED BY RESPONDENT M.K.DODDI POLICE STATION FOR THE OFFENCE PUNISHABLE U/S 103(1), 61(2), 238, 190 OF BNS, 2023 NOW PENDING ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, IN RESPECT OF PERIRIONERS. 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:13197 CRL.P No. 2047 of 2026 ORAL ORDER This petition is filed by the petitioners who are arraigned as accused Nos.3 and 5 in Crime No.84/2025 filed by the respondent-Police for the offence punishable under Section 103(1) 61(2), 238 r/w 190 of Bharatiya Nyaya Sanhita (BNS), 2023. Brief facts of the case: 2. The case of the prosecution is that the father of the deceased had lodged a complaint stated that the accused No.1 had extra-marital affair with accused No.2. It is alleged that accused No.2 hired accused Nos.3 to 6 and committed the murder of the deceased by administering the poison. 3. Heard Sri.Honnesha B.R., learned counsel for the petitioners and Sri.B.Laxman, learned High Court Government Pleader for respondent-State. - 4 - HC-KAR NC: 2026:KHC:13197 CRL.P No. 2047 of 2026 4. It is the submission of learned counsel for the petitioners is that the entire case based on a circumstantial evidence. The names of the present petitioners were added in the remand application based on the voluntary statement of the other accused. The charge sheet has been filed after conducting the investigation. The averments of the charge sheet would indicate that accused Nos.3, 4, 5 and 6 had forced and made the deceased to consume poison. However, the said fact has been narrated by the co-accused. Hence, the petitioners may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioners herein were hired by accused No.2 to commit the murder of the husband of accused No.1. Accused No.1 had in fact having illicit relationship with accused No.2. In order to continue the said illicit relationship, they have committed the murder of the - 5 - HC-KAR NC: 2026:KHC:13197 CRL.P No. 2047 of 2026 deceased. The entire allegations are made against the accused Nos.3, 4, 5 and 6. Therefore, it is not appropriate to grant bail to the petitioners. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and perused the averments of the charge sheet, which would indicate that the deceased Lokesh is the son of CW.1. CW.1 had performed the marriage of the deceased Lokesh with accused No.1. The deceased Lokesh was former Gram Panchayat Member. Presently, accused No.1 was a Sitting Member of Gram Panchayat. Accused No.1 had developed intimacy with accused No.2 on occasion that when she was going to leave the children to the tuition. It is alleged that the present petitioners were hired by accused No.2 and they have killed the deceased. However, the entire case is based on circumstantial evidence. Having considered the rights and liberty of a person guaranteed under the Constitution of India, it is appropriate to grant bail by - 6 - HC-KAR NC: 2026:KHC:13197 CRL.P No. 2047 of 2026 imposing suitable conditions that would take care of the apprehension of the prosecution. 7. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners/accused Nos.3 and 5 are ordered to be enlarged on bail in Crime No.84/2025 filed by the respondent- Police for the offence punishable under Section 103(1) 61(2), 238 r/w 190 of Bharatiya Nyaya Sanhita (BNS), 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2026:KHC:13197 CRL.P No. 2047 of 2026 (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. (v) The petitioners shall not involve in any criminal cases till disposal of the case. In case, if the petitioners violate 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 NR/- List No.: 1 Sl No.: 47