[Cites 6, Cited by 0]
Karnataka High Court
Ganapathy P M vs The State Of Karnataka on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 17332 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17332 OF 2025
[(439(Cr.PC) / 483(BNSS)-)
BETWEEN:
GANAPATHY P.M.
S/O MONNAIAH,
AGED ABOUT 44 YEARS,
R/AT CHOWDLU VILLAGE,
SOMWARPET TALUK,
KODAGU DISTRICT - 571 236.
...PETITIONER
(BY SRI. PRASANNA D.P., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY SOMWARPET POLICE STATION,
REP BY SPP,
HIGH COURT COMPLEX,
BENGALURU - 560 001.
Digitally signed by
LAKSHMINARAYANA
...RESPONDENT
MURTHY RAJASHRI
Location: HIGH (BY SRI. M.R. PATIL, HCGP)
COURT OF
KARNATAKA
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S
483 BNSS) PRAYING TO RELEASE HIS ON BAIL IN
S.C.NO.89/2025 ARISING OUT OF CRIME NO.80/2025 OF
SOMWARPET POLICE STATION, KODAGU DISTRICT, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 238(A), 61(2)(a),
103(1) READ WITH 3(5) OF BNS, 2023, PENDING ON THE FILE
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CRL.P No. 17332 of 2025
HC-KAR
OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU,
AT MADIKERI.
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 No.2 under Section 483 of
Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail
in S.C.No.89/2025 (arising out of Crime No.80/2025 of
Somwarpet Police Station), pending on the file of I Additional
District and Sessions Judge, Kodagu-Madikeri, registered for
offences punishable under Sections 238(A), 61(2)(a) and
103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita,
2023.
2. Heard learned counsel for petitioner and learned
High Court Government Pleader for respondent - State.
3. Learned counsel for petitioner would contend that,
there are no eye witnesses to the incident and the case of the
prosecution is based on circumstantial evidence. The motive is
by accused Nos.1 and 3 to kill the deceased as the deceased
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who had illicit relationship with accused No.3 - wife of accused
No.1. In spite of she leaving him, he was coming in her way
and therefore accused Nos.1 to 3 conspired to kill the
deceased. There is a seizure of gun and rope at the instance of
the petitioner. The case of the prosecution is based on
circumstances evidence and the prosecution has to prove each
of the circumstances at trial. The petitioner is in judicial
custody since 18.05.2025 and as the charge sheet filed, the
petitioner is not required for custodial interrogation. There are
no criminal antecedents of the petitioner. With these, he prayed
to allow the petition.
4. Per contra, learned High Court Government Pleader
for respondent would contend that, the offence alleged against
the petitioner is a heinous offence. The charge sheet materials
show that, there is a prima-facie case against the petitioner.
With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing for
parties, the Court has perused the charge sheet and other
materials placed on record.
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6. This Court while granting bail to accused No.3 in
the order dated 14.10.2025 passed in Criminal Petition
No.12107/2025 has observed as under:
"7. On perusal of column No.17 of the charge
sheet, the allegation against the petitioner/accused
No.3 is that she conspired with accused Nos.1 & 2 to
kill the deceased. In furtherance of the said
conspiracy, the petitioner/accused No.3 on
09.05.2025, made a whatsapp call to the deceased
and secured him near her house at 9.00 p.m. and
took him in the car near the cement factory and from
there, both went to the place where accused No.2
was holding SBBL gun and he abused the deceased
and deceased started running from that place. That
accused No.2 fired the gun in the air, accused No.1,
who was holding club hiding near the place made the
deceased to fall and assaulted him with the iron
chopper on his neck twice and accused No.2 took the
said iron chopper from accused No.1 and assaulted
the deceased on his neck, head and accused No.1
assaulted the deceased on his head and other parts
and due to the said injuries, the deceased died on
the spot."
7. The allegation against the petitioner is that he fired
the gun in the air when the deceased started to run and
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thereafter the petitioner and accused no. 2 assaulted the
deceased with iron chopper on his neck, head and other parts
and caused his death. There are no eyewitnesses to the
incident and the case of the prosecution is based on
circumstantial evidence. There is a recovery of a gun, rope and
bottle used to carry petrol has been recovered at the instance
of this petitioner. As the case of the prosecution is based on
circumstantial evidence, the prosecution has to prove each of
the circumstances at trial. As the charge sheet is filed, the
petitioner is not required for further custodial interrogation.
There are no criminal antecedents of the petitioner.
8. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In the
result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted bail in S.C.No.89/2025 (arising out of Crime
No.80/2025 of Somwarpet Police Station, pending on the file of
I Additional District and Sessions Judge, Kodagu-Madikeri,
subject to following conditions:
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i) The petitioner shall execute a personal bond
for a sum of Rs.1,00,000/- (Rupees One Lakh
only) with one surety for the likesum to the
satisfaction of the Jurisdictional Court.
ii) The petitioner shall not tamper the prosecution
witnesses either directly or indirectly.
iii) The petitioner shall appear before the trial
Court on all dates of hearing unless exempted
by the Court and cooperate for speedy disposal
of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 56
