[Cites 8, Cited by 0]
Karnataka High Court
Panchakshari vs State By Saligrama Police on 12 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8743
CRL.P No. 14235 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 14235 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
PANCHAKSHARI
S/O NAGARAJU
AGED ABOUT 45 YEARS
R/AT KEDAGA VILLAGE
SALIGRAMA TALUK
MYSURU DISTRICT-571 604
...PETITIONER
(BY SRI. C.M. JAGADEESH, ADVOCATE)
AND:
STATE BY SALIGRAMA POLICE
MYSURU DISTRICT
REPRESENTED BY
Digitally signed by
LAKSHMINARAYANA STATE PUBLIC PROSECUTOR
MURTHY RAJASHRI
Location: HIGH
STATE OF KARNATAKA
COURT OF HIGH COURT BUILDING
KARNATAKA
BENGALURU-560 001
...RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED UNDER SECTION 483 OF BNNS) PRAYING TO GRANT
BAIL TO THE PETITIONER FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 103(1), 54, 351(2), 351(3), 3(5) OF BNS
ACT IN CR NO.247/2025 OF SALIGRAMA POLICE MYSURU
DISTRICT.
-2-
NC: 2026:KHC:8743
CRL.P No. 14235 of 2025
HC-KAR
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.
247/2025 of Saligrama Police Station registered for
offences under Sections 103(1), 54, 351(2), 351(3), 3(5)
of BNS.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that the allegation against this petitioner is instigating
accused No. 1 to kill the deceased. There is no allegation
against this petitioner of assaulting the deceased. The
statement of eyewitnesses have already been recorded
under Section 183 of BNSS. C.W.1 - wife of the deceased
has stated that her son - accused No. 2 - Panchakshari has
not done any wrong. Petitioner is in judicial custody since
24.08.2025 and as chargesheet is filed, petitioner is not
NC: 2026:KHC:8743
HC-KAR
required for custodial interrogation. With this, he prayed to
allow the petition.
4. Per contra, learned HCGP would contend that
C.W.2 to C.W.4 are witnesses to the incident. Statement
of C.W.1 to C.W.4 have been recorded under Section 183
of the BNSS. Petitioner had provoked his wife - accused
No. 1 to kill the deceased as the deceased did not give
property to them. In furtherance of the said instigation,
accused No. 1 assaulted the deceased and killed him.
Petitioner even though being the son of the deceased had
not taken the deceased to the hospital. With this, he
prayed to reject the petition.
5. Having heard learned counsel for the parties,
the Court has perused the charge sheet and other
materials placed on record.
6. As per chargesheet, the case of the prosecution
is that accused No. 1 was insisting her father-in-law - Mr.
Nagaraju to give property to them and deceased had
refused for the same. Enraged by the same, on
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HC-KAR
23.02.2025 at about 08.00 a.m., when deceased was
going towards his house which was under construction, at
that time, accused No. 1 quarreled with him, at that time
accused No. 2 told accused No. 1 to kill him, he will look
after the expenses, instigated her, accused No. 1
assaulted the deceased with hand on his cheek and body,
assaulted with wooden reaper and sickle and as a result he
died. Considering the above aspects, the only allegation
against petitioner - accused No. 2 is instigating and
abetting accused No. 1 to assault and kill the deceased.
There is no overt act against this petitioner assaulting the
deceased. C.W.1 - mother of the petitioner and wife of the
deceased, in her statement recorded under Section 183 of
BNSS, has stated that her son Panchakshari - accused No.
2 has not committed any wrong. As chargesheet is filed,
petitioner is not required for custodial interrogation. There
are no criminal antecedents of the petitioner.
7. Considering the above aspects, petitioner has
made out case for grant of bail with conditions.
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HC-KAR
In the result, the following;
ORDER
Petition is allowed. The petitioner is granted bail in
Crime No. 247/2025 of Saligrama 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.
II. Petitioner shall not tamper the prosecution witness
either directly or indirectly.
III. Petitioner shall attend the trial Court on all dates of
hearing unless exempted and cooperate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 2 Sl No.: 6
