Karnataka High Court
Jagadeesha vs The State Of Karnataka on 12 November, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC:46034
CRL.P No. 12594 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 12594 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. JAGADEESHA
S/O CHIGATERAPPA
AGED ABOUT 50 YEARS
OCC: AGRICULTURIST
2. ESHWARAPPA
S/O CHIGATERAPPA
AGED ABOUT 52 YEARS
OCC: AGRICULTURIST
BOTH ARE RESIDENTS OF KONANURU VILLAGE
CHITRADURGA TALUK
CHITRADURGA DISTRICT - 577 541.
Digitally signed by
LAKSHMINARAYANA ...PETITIONERS
MURTHY RAJASHRI
(BY SRI. CHETAN JADHAV, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
BY BHARAMASAGAR P.S.,
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE - 560 001.
2. CHANDRAPPA
S/O LATE NANJAPPA
AGED ABOUT 65 YEARS
-2-
NC: 2025:KHC:46034
CRL.P No. 12594 of 2025
HC-KAR
KONANURU VILLAGE, CHITRADURGA
KARNATAKA-577 541.
...RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1
SRI.TEJU.N FOR SRI B.M.SIDDAPPA, FOR R2)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S
483 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL
WHO ARE ACCUSED Nos.1 AND 3 IN CR.No.415/2024 WHICH
IS NOW S.C.No.105/2025, PENDING ON THE FILE OF SPL. II
ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA, FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS
191(2),191(3),190,352,351(2),351(3),103(1),117(2),109(1),1
15(2),118(2),189(2),189(4),329(4) 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
This petition is filed by accused Nos.1 and 3 under
Section 483 of BNSS, praying to grant bail in
S.C.No.105/2025 (Crime No.415/2025 of Bharamasagara
Police Station) registered for offences punishable under
Sections 191(2), 191(3), 190, 352, 351(2), 351(3),
103(1), 117(2), 109(1), 115(2), 118(2), 189(2), 189(4),
329(4) of BNS.
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2. Heard learned Senior Counsel for petitioner and
learned HCGP for respondent/State.
3. Learned Senior counsel for petitioners would
contend that FIR has been registered on the complaint of
father of the deceased and there are omnibus allegations
and on the said basis case has been registered against 19
persons. Out of those 19 persons, 5 are left out in the
charge sheet and charge sheet is filed against accused
Nos.1 to 15 and one person has been added while filing
the charge sheet. Even though CW.1 is stated to be eye
witness, he has not stated the specific overt acts in his
complaint but subsequently, he has stated the overt acts
of the accused persons in his further statement which
came to be recorded on 14.02.2025 after lapse of 2½
months. In the complaint, there is an allegation against
one Kallesh of assault with a stone on the chest. But he
has been given up in the charge sheet. Based on the
further statement of the complainant, accused Nos.2, 6, 9,
13 have been granted bail. There is overt act alleged
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against accused No.2 of assault with a size stone on the
head of the deceased and she has been granted bail and
therefore, the petitioners are also entitled for grant of bail
on the ground of parity. The Doctor who conducted PM
examination has opined that death is as a result of head
injury sustained. There are no criminal antecedents of the
petitioners. The deceased was in the habit of abducting
the girls and subsequently, cheating them and he has
been convicted in a case wherein a girl who is stated to
have been cheated by this deceased has committed
suicide i.e. in S.C.No.41/2020. The deceased was aged 40
years as on the date of incident and CW.17 daughter of
accused Nos.1 and 2 was aged 19 years. On these
grounds, he prayed to allow the petition.
4. Per contra, learned HCGP would contend that PM
report indicates that deceased has sustained multiple
injuries. CW.1 and CW.2, who are parents of the
deceased, have also sustained grievous injuries. There is a
joint recovery from the accused persons of the weapons
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used to assault the deceased. If the petitioners are
granted bail, there is a threat to the prosecution
witnesses. With this she prayed for rejection of the
petition.
5. Learned counsel for respondent No.2 has adopted
the arguments of learned HCGP.
6. Having heard the learned counsels, the Court has
perused charge sheet and other materials placed on
record.
7. The case of the prosecution is that deceased
Manjunath has enticed CW.17, the daughter of accused
Nos.1 and 2 and married her on 07.10.2024 and therefore,
all the accused are angry with the same and intended to
take revenge against the deceased and his parents. The
accused persons on 27.11.2024 went to the house of the
deceased, holding weapons. Accused Nos.5 and 11 holding
wooden repiece entered the house of deceased Manjunath
and assaulted deceased Manjunath and dragged him
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outside the house. Accused No.11 with wooden repiece
and crowbar, accused No.2 with size stone, iron chain and
chappal, accused No.5 with wooden repiece, accused No.7
with wooden repiece, accused No.3 with iron crowbar,
accused No.1 with machete, size stone and crowbar,
accused No.13 with wooden repiece, accused No.14 with
hands and legs, accused Nos. 6, 8 with hands and legs,
accused Nos.9 and 10 with cart peg, hands and legs,
accused Nos. 4, 12 and 15 assaulted deceased with hands.
All abused the deceased and CWs.1 and 2 and assaulted
them on their body and head with an intention to kill
them. Deceased - Manjunath has sustained severe injuries
and he died on the way to hospital. CW1 and CW2 have
sustained grievous injuries. The deceased was aged 40
years as on the date of the incident and CW.17 was the
daughter of accused Nos.1 and 2 and was aged 19 years.
The deceased enticed CW.17 and married her. Deceased -
Manjunath was accused in S.C.No.41/2020 and he has
been convicted for offence under Section 306 of IPC and
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sentenced to undergo imprisonment for 6 years and fine of
Rs.10,000/- by judgment dated 23.01.2024. The charge
against the deceased in the said case was that his wife
Shilpa committed suicide by hanging and this deceased
has abetted his wife to commit suicide. The marriage of
deceased with the said Shilpa was love marriage.
Considering the said aspect, learned Senior counsel for the
petitioners submits that deceased was in the habit of
enticing girls and marrying them and subsequently,
torturing them.
8. Accused No.2 is mother of CW17 and wife of
accused No.1 and she has been granted bail in
Crl.P.No.503/2025 by order dated 12.02.2025. The
accusation against accused No.2 is that she assaulted
deceased with size stone on his head and caused injury.
The accusation against the petitioners/accused No.1 and
accused No.3 is that accused No.1 assaulted with
machete, size stone and crowbar, accused No.3 assaulted
with a crowbar. Petitioners/accused Nos.1 and 3 herein are
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similarly placed to that of accused No.2, who has been
granted bail. On perusal of the charge sheet there are 79
witnesses cited as charge sheet witnesses. The petitioners
are in judicial custody since 30.11.2024. Considering the
number of witnesses, the trial will take considerable time.
The petitioners have undertaken to appear before the trial
Court on all dates of hearing and not to tamper with the
prosecution witnesses. There are no criminal antecedents
of the petitioners. Considering the above aspects, the
petitioners have made out a case for grant of bail with
conditions. In the result, the following:
ORDER
The petition is allowed. The petitioners/accused
Nos.1 and 3 are granted bail in S.C.No.105/2025 (Crime
No.415/2024 of Brahmasagar Police Station) pending on
the file of Special II Additional District and Sessions Judge,
Chitradurga, subject to following conditions:
(i) Petitioners shall execute a personal
bond for a sum of Rs.1,00,000/-
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(Rupees one lakh only) each, with one
surety for the like-sum to the
satisfaction of the trial Court.
(ii) Petitioners shall not tamper the
prosecution witnesses.
(iii) Petitioners shall attend the trial Court
on all dates of hearing unless
exempted and co-operate for speedy
disposal of the case.
(iv) Petitioners shall not commit any
offence. If a case registered against
the petitioner for committing any
offence, the prosecution is at liberty to
seek cancellation of bail granted to
them.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
Ct.sm
