Karnataka High Court
Ganapathy P M vs The State Of Karnataka on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:10896
CRL.P No. 17332 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17332 OF 2025
[(439(Cr.PC) / 483(BNSS)-)
BETWEEN:
GANAPATHY P.M.
S/O MONNAIAH,
AGED ABOUT 44 YEARS,
R/AT CHOWDLU VILLAGE,
SOMWARPET TALUK,
KODAGU DISTRICT - 571 236.
...PETITIONER
(BY SRI. PRASANNA D.P., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY SOMWARPET POLICE STATION,
REP BY SPP,
HIGH COURT COMPLEX,
BENGALURU - 560 001.
Digitally signed by
LAKSHMINARAYANA
...RESPONDENT
MURTHY RAJASHRI
Location: HIGH (BY SRI. M.R. PATIL, HCGP)
COURT OF
KARNATAKA
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S
483 BNSS) PRAYING TO RELEASE HIS ON BAIL IN
S.C.NO.89/2025 ARISING OUT OF CRIME NO.80/2025 OF
SOMWARPET POLICE STATION, KODAGU DISTRICT, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 238(A), 61(2)(a),
103(1) READ WITH 3(5) OF BNS, 2023, PENDING ON THE FILE
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NC: 2026:KHC:10896
CRL.P No. 17332 of 2025
HC-KAR
OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU,
AT MADIKERI.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.89/2025 (arising out of Crime No.80/2025 of Somwarpet Police Station), pending on the file of I Additional District and Sessions Judge, Kodagu-Madikeri, registered for offences punishable under Sections 238(A), 61(2)(a) and 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.
3. Learned counsel for petitioner would contend that, there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. The motive is by accused Nos.1 and 3 to kill the deceased as the deceased -3- NC: 2026:KHC:10896 CRL.P No. 17332 of 2025 HC-KAR who had illicit relationship with accused No.3 - wife of accused No.1. In spite of she leaving him, he was coming in her way and therefore accused Nos.1 to 3 conspired to kill the deceased. There is a seizure of gun and rope at the instance of the petitioner. The case of the prosecution is based on circumstances evidence and the prosecution has to prove each of the circumstances at trial. The petitioner is in judicial custody since 18.05.2025 and as the charge sheet filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.
4. Per contra, learned High Court Government Pleader for respondent would contend that, the offence alleged against the petitioner is a heinous offence. The charge sheet materials show that, there is a prima-facie case against the petitioner. With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.
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NC: 2026:KHC:10896 CRL.P No. 17332 of 2025 HC-KAR
6. This Court while granting bail to accused No.3 in the order dated 14.10.2025 passed in Criminal Petition No.12107/2025 has observed as under:
"7. On perusal of column No.17 of the charge sheet, the allegation against the petitioner/accused No.3 is that she conspired with accused Nos.1 & 2 to kill the deceased. In furtherance of the said conspiracy, the petitioner/accused No.3 on 09.05.2025, made a whatsapp call to the deceased and secured him near her house at 9.00 p.m. and took him in the car near the cement factory and from there, both went to the place where accused No.2 was holding SBBL gun and he abused the deceased and deceased started running from that place. That accused No.2 fired the gun in the air, accused No.1, who was holding club hiding near the place made the deceased to fall and assaulted him with the iron chopper on his neck twice and accused No.2 took the said iron chopper from accused No.1 and assaulted the deceased on his neck, head and accused No.1 assaulted the deceased on his head and other parts and due to the said injuries, the deceased died on the spot."
7. The allegation against the petitioner is that he fired the gun in the air when the deceased started to run and -5- NC: 2026:KHC:10896 CRL.P No. 17332 of 2025 HC-KAR thereafter the petitioner and accused no. 2 assaulted the deceased with iron chopper on his neck, head and other parts and caused his death. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. There is a recovery of a gun, rope and bottle used to carry petrol has been recovered at the instance of this petitioner. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at trial. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner.
8. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;
ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.89/2025 (arising out of Crime No.80/2025 of Somwarpet Police Station, pending on the file of I Additional District and Sessions Judge, Kodagu-Madikeri, subject to following conditions:
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NC: 2026:KHC:10896 CRL.P No. 17332 of 2025 HC-KAR
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court.
ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
iii) The 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 KLV List No.: 1 Sl No.: 56