[Cites 8, Cited by 0]
Karnataka High Court
Sri. Mahesh @ Handigala Mahesha vs The State By Sidlaghatta Rural Police ... on 2 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:5771
CRL.P No. 16557 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16557 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SRI. MAHESH @ HANDIGALA MAHESHA
S/O SEENAPPA AND ASHWATHAMMA
AGED ABOUT 30 YEARS
RESIDING AT NEAR BUS STAND
SIDDLGHATTA TOWN
CHIKKABALLAPURA DISTRICT-562 105
...PETITIONER
(BY SRI. PRAVEEN C, ADVOCATE)
AND:
THE STATE BY SIDLAGHATTA
RURAL POLICE STATION
CHIKKABALLAPURA DISTRICT-562 105
Digitally signed by
LAKSHMINARAYANA REPRESENTED BY THE S.P.P
MURTHY RAJASHRI
Location: HIGH HIGH COURT BUILDING
COURT OF
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 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN C.C.NO.1346/2025 (CR.NO.216/2025)
FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS
364,302,149,120(b) OF IPC REGISTERED BY SHIDLAGATTA
RURAL POLICE, PENDING BEFORE THE HON'BLE COURT OF THE
PRL.CIVIL JUDGE AND J.M.F.C COURT AT SHIDDLAGATTA,
CHIKKABALLAPURA DISTRICT.
-2-
NC: 2026:KHC:5771
CRL.P No. 16557 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. 9 under
Section 483 of BNSS praying to grant bail in Crime No.
216/2025 of Shidlagatta Police Station registered for
offences punishable under Sections 364, 302, 120(B) read
with Section 149 of IPC.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that accused Nos. 5 to 8 have been granted bail by this
Court in Crl.P. Nos. 13617/2025 and 13117/2025 by
orders dated 03.11.2025 and 17.11.2025 respectively.
Petitioner is similarly placed to that of accused Nos. 5 to 8
who have been granted bail. Petitioner has been arrested
on 29.10.2025 and he is in judicial custody since then and
as chargesheet is filed, petitioner is not required for
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custodial interrogation. There is no allegation against the
petitioner of killing the deceased. The allegation against
the petitioner is shifting the dead body to Tamil Nadu and
considering the same, at the most, the offence under
Section 201 of IPC is attracted. The offence alleged
against the petitioner is not punishable either with death
or imprisonment for life. With this, he prayed to allow the
petition.
4. Per contra, learned HCGP for respondent -
State would contend that petitioner and other accused
conspired to kill the deceased. Accused Nos. 1 to 6 have
kidnapped the deceased and killed him. With the
assistance of other accused, they transported the dead
body from Karnataka to Tamil Nadu. Said transportation of
the dead body is as per plan of this petitioner. Petitioner is
having main role in the offence alleged against him. With
this, he prayed to reject the petition.
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5. Having heard learned counsel for the parties,
the Court has perused FIR, complaint and other materials
placed on record.
6. This Court while granting bail to accused Nos.
5, 6 and 8 in the order dated 17.11.2025 passed in Crl.P.
No. 13117/2025 has observed as under:
"6. After receipt of papers from Thali Police
Station, Krishnagiri District, Tamil Nadu, the FIR
has been registered against accused Nos.1 to 6.
The investigation officer has secured accused
Nos.5 to 8 and recorded their voluntary
statements. As per their voluntary statements,
accused Nos.1 to 10 conspired to kill the
deceased. Accordingly, accused Nos.1 to 6
kidnapped the deceased in Santro car, took him
to Hosakote -Malur road and assaulted him with
clubs and killed him. Thereafter, accused Nos.1
to 10 shifted the dead body to Tamil Nadu as per
plan of accused No.9. Considering the above
aspects, there is no role of this petitioner
No.3/accused No.8 in murder of the deceased.
Except voluntary statements of petitioner Nos.1
and 2 -accused Nos.5 and 6, at present there are
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no other circumstances. Petitioners have not
been taken to police custody for interrogation
and they are in judicial custody since
12.08.2025. Accused Nos.1 to 4 who is stated to
have role in kidnapping and murder of deceased
-Girish have been granted bail earlier by
Sessions Court/ High Court of Madras. As the
major portion of the investigation is over,
petitioners are not required for custodial
interrogation. There are no criminal antecedents
of petitioners. Considering the above aspects,
petitioners have made out case for grant of bail
with conditions."
7. The accusation against this petitioner is shifting
the dead body of the deceased from Karnataka to Tamil
Nadu in a car. Accusation against accused Nos. 7 and 8
who are granted bail is also similar to that of this
petitioner i.e. shifting the dead body from Karnataka to
Tamil Nadu. Therefore, petitioner is entitled for grant of
bail on the ground of parity. As chargesheet is filed,
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petitioner is not required for further custodial
interrogation. Petitioner is in custody since 29.10.2025.
8. Considering the above aspects, petitioner has
made out case for grant of bail with conditions.
In the result, the following;
ORDER
Petition is allowed. petitioner is granted bail Crime
No. 216/2025 of Shidlagatta Police Station subject to
following conditions:
I. Petitioner - accused No. 9 shall execute a personal
bond for sum of Rs.1,00,000/- with one surety for
the likesum to the satisfaction of Jurisdictional
Court.
II. Petitioner - accused No. 9 shall not tamper the
prosecution witnesses either directly or indirectly.
III. Petitioner - accused No. 9 shall attend the trial
Court on all dates of hearing unless exempted and
cooperate for speedy disposal of the case.
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IV. Petitioner - accused No. 9 shall not involve in
commission of any offence. If petitioner is found
involved in commission of any offence, the
prosecution is at liberty to move application
seeking cancellation of bail granted to him.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 11
