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Bharath R vs State Of Karnataka
2026 Latest Caselaw 1311 Kant

Citation : 2026 Latest Caselaw 1311 Kant
Judgement Date : 16 February, 2026

[Cites 5, Cited by 0]

Karnataka High Court

Bharath R vs State Of Karnataka on 16 February, 2026

Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
                                                 -1-
                                                                NC: 2026:KHC:9423
                                                            CRL.P No. 569 of 2026
                                                       C/W CRL.P No. 2018 of 2026

                      HC-KAR




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 16TH DAY OF FEBRUARY, 2026

                                               BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                           CRIMINAL PETITION No. 569 OF 2026 (439(Cr.PC) /
                                             483(BNSS))
                                                C/W
                                CRIMINAL PETITION No. 2018 OF 2026


                      IN CRL.P No. 569/2026

                      BETWEEN:

                      1.    BHARATH R
                            S/O RAVI KUMAR
                            AGED ABOUT 21 YEARS
                            R/AT VISHWANATHAPURA VILLAGE
                            KUNDANA HOBLI, DEVANAHALLI TALUK
                            BANGALORE RURAL DIST-562 110.
                                                                     ...PETITIONER

                      (BY SRI. HARISH KUMAR H C, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI       AND:
Location: HIGH
COURT OF
KARNATAKA             1.    STATE OF KARNATAKA
                            DEVANAHALLI P.S.
                            REP. BY SPP HIGH COURT OF KARNATAKA
                            BANGALORE - 560 001.
                                                                   ...RESPONDENT

                      (BY SRI HARISH GANAPATHY, HCGP)

                          THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
                      UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THEM ON
                      BAIL IN CRIME No.57/2025 OF DEVANAHALLI POLICE
                          -2-
                                        NC: 2026:KHC:9423
                                    CRL.P No. 569 of 2026
                               C/W CRL.P No. 2018 of 2026

HC-KAR




STATION, BANGALORE RURAL DIST, AT BANGALORE, WHICH
IS REGISTERED FOR THE OFFENCE UNDER SECTIONS 140,
103, 3(5) OF BHARATHIYA NYAYA SANHITA ACT-2023.

IN CRL.P No. 2018/2026

BETWEEN:

1. SHIVAKUMAR D
S/O DURGESH
AGED ABOUT 26 YEARS
R/AT GANTIGANAHALLI VILLAGE
SINGANAYAKANA HOBLI, YELAHANKA TALUK
BANGALORE - 560 064.

2. SANJAY G.V.,
S/O VASU E.R,
AGED ABOUT 25 YEARS
R/AT GANTTIGANAHALLI VILLAGE
SINGANAYAKANAHALLI POST, YELAHANKA TALUK
BANGALORE -560 064.
                                       ...PETITIONERS

(BY SRI HARISH KUMAR H C, ADVOCATE)

AND:

1. STATE OF KARNATAKA
DEVANAHALLI P.S.
REP. BY SPP HIGH COURT OF KARNATAKA
BANGALORE - 560 001
                                           ...RESPONDENT

(BY SRI HARISH GANAPATHY, HCGP)

    THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THEM ON
BAIL IN CRIME No.57/2025 OF DEVANAHALLI POLICE
STATION, BANGALORE RURAL DIST, AT BANGALORE, WHICH
IS REGISTERED FOR THE OFFENCE UNDER SECTIONS 140,
103, 3(5) OF BHARATHIVA NYAYA SANHITA ACT-2023.
                              -3-
                                            NC: 2026:KHC:9423
                                        CRL.P No. 569 of 2026
                                   C/W CRL.P No. 2018 of 2026

HC-KAR




    THESE PETITIONS, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


                        ORAL ORDER

Crl.P.No.569/2026 is filed by accused No.6 and

Crl.P.No.2018/2026 is filed by accused Nos.4 and 5. Both

the petitions are filed under Section 483 of BNSS praying

to grant bail in Crime No.57/2025 of Devanahalli Police

Station, registered for offences under Sections 140, 103,

3(5) of BNS, pending in S.C.No.15059/2025 on the file of

the V Additional District and Sessions Judge, Bengaluru

Rural, sitting at Devanahalli.

2. Heard learned counsel for the petitioners and

learned HCGP for respondent/State.

3. Learned counsel for the petitioner would contend

that the accusation against these petitioners is that they

along with accused No.1 took the deceased in the car and

they assaulted with hands. The serious overt act is alleged

against accused No.1, pressing the neck of the deceased

and causing his death. The PM report indicates that the

NC: 2026:KHC:9423

HC-KAR

death is due to compression of neck. The names of the

petitioners have not been mentioned in the FIR. As the

charge sheet is filed, the petitioners are not required for

further custodial interrogation. With this, he prayed to

allow the petitions.

4. Per contra, learned HCGP would contend that the

deceased had a love affair with one Pallavi and the

accused No.1 being relative of the said Pallavi had earlier

assaulted deceased 5 to 6 days ago and subsequently, on

the day of incident all the accused persons came and

kidnapped the deceased and it has been seen by CW.2 and

CW.3. On the next day the dead body of the deceased was

found at 07.15 a.m. near Government Primary school. The

charge sheet material show prima-facie case against the

petitioners for offences alleged against them. With this he

prayed to reject the petition.

5. Having heard the learned counsels, the Court has

perused the FIR, complaint, charge sheet and other

materials placed on record.

NC: 2026:KHC:9423

HC-KAR

6. The case of the prosecution as per charge sheet is

that the deceased was in love affair with one Pallavi.

Accused No.1 came to know about the same and planned

to kill the deceased. On 02.05.2025 at 08.30 p.m., all the

accused persons went in a car and kidnapped the

deceased. Accused Nos.2 to 6 assaulted him with hands.

Accused No.1 pressed the neck of the deceased and

caused his death. CW.2 and CW.3 are eyewitnesses to the

incident of kidnapping of the deceased by accused Nos.1

to 6. The accusation against the petitioners/accused Nos.4

to 6 is that they assaulted the deceased with hands. The

PM report indicates that the cause of death is due to

compression of neck. The said allegation of pressing the

neck is against accused No.1. The petitioners alleged to

have assaulted the deceased with hands. The petitioners

are in judicial custody and as the charge sheet is filed,

they are not required for further custodial interrogation.

There are no criminal antecedents of the petitioners.

NC: 2026:KHC:9423

HC-KAR

7. Considering the above aspects, the

petitioners/accused Nos. 4 to 6 have made out of case for

grant or bail. In the result, the following:

ORDER

Both the petitions are allowed. Petitioners/accused

Nos.4 to 6 are granted bail in Crime No.57/2025 of

Devanahalli Police Station, registered for offences under

Sections 140, 103, 3(5) of BNS, pending in

S.C.No.15059/2025 on the file of the V Additional District

and Sessions Judge, Bengaluru Rural, sitting at

Devanahalli, subject to following conditions:

(i) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each, with one surety for the like sum to the satisfaction of the jurisdictional Court.

(ii) Petitioners shall not tamper the prosecution witnesses either directly or indirectly.

(iii) Petitioners shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

NC: 2026:KHC:9423

HC-KAR

(iv) Petitioners shall not involve in commission of any offence. If the petitioners are found involved in commission of any offence, the prosecution can seek cancellation of bail granted to them.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 2 Sl No.: 13

 
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