Citation : 2026 Latest Caselaw 1483 Kant
Judgement Date : 19 February, 2026
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NC: 2026:KHC:10347
CRL.P No. 15763 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 15763 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. DHANUSH G S
S/O SHIVANNA. J
AGED ABOUT 19 YEARS
RESIDING AT
GUDDENAHALLI VILLAGE
KASABA HOBLI
TURUVEKERE TALUK
TUMKUR DISTRICT
STUDYING 3RD SEM OF DIPLOMA AT H.M.S COLLEGE
SETTIHALLI MAIN ROAD, TUMKUR CITY.
...PETITIONER
(BY SRI P GYARAPPA, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
BY KUNIGAL POLICE STATION
TUMKUR DISTRICT
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
AT BANGALORE.
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ALLOW THE
APPLICATION UNDER SECTION 483 OF THE BHARATHIYA
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NC: 2026:KHC:10347
CRL.P No. 15763 of 2025
HC-KAR
NAGARIKA SURAKSHA SANHITA 2023 AND ENLARGE HIM ON
REGULAR BAIL IN CRIME No.225/2025 IN C.C.No.1479/2025,
IN THE PENDING FILE OF RESPONDENT POLICE OF KUNIGAL
THE CASE STAGE IS READY TO COMMITTAL TRAIL COURT AT
TUMKUR.
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.
225/2025 of Kunigal Police Station registered for offence
under Sections 61(2)(a), 238(b), 109(1), 308(5),
137(1)(a), 3(5), 103 of BNS.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that accused No.1 has been granted bail by this Court in
Crl.P.No.16624/2025 by order dated 28.01.2023. This
petitioner -accused No.2 is also similarly placed to that of
accused No.1 who has been granted bail. Therefore, the
NC: 2026:KHC:10347
HC-KAR
petitioner -accused No.2 is also entitled for grant of bail
on the ground of parity. The petitioner is in custody since
15.05.2025 and he is not required for further custodial
interrogation as charge sheet is filed. There are no
criminal antecedents of the petitioner. With this he prayed
to allow the petition.
4. Per contra learned HCGP would contend that
the alleged act of petitioner and accused No.1 assaulting
and killing the deceased has been recorded in CCTV and
footage has been seized. Accused Nos.1 and 2 have given
supari to kill the deceased and it shows the intention of
accused No.1 to kill the deceased. Charge sheet materials
show prima facie case against the petitioner for offence
alleged against him. With this he prayed to reject the
petition.
5. Having heard learned counsel for the parties,
this Court has perused charge sheet and other materials
placed on record.
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HC-KAR
6. This Court while granting bail to accused No.1
in Crl.P.No.16624/2025 by order dated 28.01.2026 has
observed as under:
"6. Deceased is father of the petitioner. Petitioner is having a sister. There is an allegation that the deceased was looking at his daughter with sexual intent. It is alleged that the petitioner earlier gave supari to other accused, but, subsequently on the day of incident, he and accused No. 2 went to the factory of deceased and committed his murder. At the time of incident there were exchange of words between petitioner and deceased. At that time deceased assaulted with steel rod on accused No. 1 and at that time, petitioner with a towel pressed the neck of the deceased and at that time accused No. 2 held the deceased tightly. Said aspect indicates that the deceased first assaulted the petitioner.
7. Entire case of the prosecution is based on circumstantial evidence. CCTV footage which is alleged to contain the recording of the acts of this petitioner and another accused, killing the deceased has been seized. As the case of the prosecution is based on circumstantial evidence each of the circumstances have to be proved at the trial. As charge sheet is filed petitioner is not required for
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HC-KAR
further custodial interrogation. There are no criminal antecedents of the petitioner."
The allegation against accused No.1 is that he along
with petitioner went to the factory of the deceased and
committed his murder. Considering the same, the
petitioner is similarly placed to that of accused No.1 who
has been granted bail. As charge sheet is filed, he is not
required for custodial interrogation. There are no criminal
antecedents of the petitioner. Considering the above, the
petitioner has made out case for grant of bail with
conditions.
7. In the result, the following
ORDER
i) The petition is allowed.
ii) The petitioner -accused No.2 is granted bail in
Crime No. 225/2025 of Kunigal Police Station
subject to following conditions.
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HC-KAR
a) The petitioner -accused No.2 shall execute a
personal bond for sum of Rs.1,00,000/- with
one surety for the likesum to the satisfaction of
the jurisdictional Court.
b) The petitioner -accused No.2 shall not tamper
the prosecution witnesses either directly or
indirectly.
c) The petitioner -accused No.2 shall attend the
trial Court on all dates of hearing unless
exempted and cooperate for speedy disposal of
the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 1 Sl No.: 27 Ct.sm
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