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