[Cites 15, Cited by 0]
Karnataka High Court
Vishwanatha @ Vishwa vs The State Of Karnataka on 23 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:4049
CRL.P No. 16572 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16572 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
1. VISHWANATHA @ VISHWA
S/O. BASAVARAJAPPA,
AGED ABOUT 38 YEARS,
OCC : AGRICULTURIST,
2. PRASANNAKUMAR @ PRASANNA,
S/O BASAVARAJAPPA,
AGED ABOUT 37 YEARS,
OCC: AGRICULTURIST,
3. BASAVARAJAPPA,
S/O LATE CHIGATERAPPA,
AGED ABOUT 66 YEARS,
OCC : AGRICULTURIST,
ALL ARE RESIDENTS OF
KONANURU VILLAGE, CHITRADURGA TALUK,
CHITRADURGA DISTRICT - 577 541.
Digitally signed by
LAKSHMINARAYANA ...PETITIONERS
MURTHY RAJASHRI
Location: HIGH (BY SRI. C.H. JADHAV, SENIOR ADVOCATE FOR
COURT OF
KARNATAKA SRI. CHETAN JADHAV, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY BHARAMASAGAR P.S.,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. M.R. PATEIL, HCGP)
-2-
NC: 2026:KHC:4049
CRL.P No. 16572 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE
PETITIONERS ON BAIL WHO ARE ACCUSED NOS.5, 7 AND 11
IN CRIME NO.415/2024 REGISTERED BY BHARAMASAGAR
POLICE STATION, WHICH IS NOW S.C.NO.105/2025 PENDING
ON THE FILE OF SPECIAL II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, CHITRADURGA FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 191(2), 191(3), 190, 352,
351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2),
189(2), 189(4) AND 329(4) OF BHARATIYA NYAYA SANHITA
(BNS), 2023 BY IMPOSING ANY REASONABLE CONDITIONS.
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 Nos.5, 7 and 11
under Section 483 of Bharatiya Nagrika Suraksha Sanhita,
2023 praying to grant bail in S.C.No.105/2025 (Crime
No.415/2024 of Bharamasagara Police Station), registered
for offences punishable under Sections 191(2), 191(3),
190, 352, 351(2), 351(3), 103(1), 117(2), 109(1),
115(2), 118(2), 189(2), 189(4) and 329(4) of Bharatiya
NC: 2026:KHC:4049
HC-KAR
Nyaya Sanhita, 2023, pending on the file of Special II
Additional District and Sessions Judge, Chitradurga.
2. Heard learned Senior Counsel for petitioners
and learned High Court Government Pleader for
respondent - State.
3. Learned Senior Counsel for petitioners would
contend that, accused Nos.1 to 3 have been granted bail
by this Court in Criminal Petition No.503/2025 and
Criminal Petition No.12594/2025. The petitioners are also
similarly placed to that of those accused persons who have
been granted bail and therefore they are entitled for grant
of bail on the ground of parity. On these grounds, he
prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the serious
overtact of assault is alleged against the petitioners. There
are eyewitnesses to the incident. The charge sheet
materials show that, there is a prima-facie case against
NC: 2026:KHC:4049
HC-KAR
the petitioners for offences alleged against them. The
offences alleged against the petitioners are punishable
either with death or imprisonment for life. 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.
6. This Court while granting bail to accused Nos.1
and 3 passed in Criminal Petition No.12594/2025 by order
dated 12.11.2025 has observed as under:
"7. The case of the prosecution is that
deceased Manjunath has enticed CW.17, the
daughter of accused Nos.1 and 2 and married her
on 07.10.2024 and therefore, all the accused are
angry with the same and intended to take revenge
against the deceased and his parents. The accused
persons on 27.11.2024 went to the house of the
deceased, holding weapons. Accused Nos.5 and 11
holding wooden repiece entered the house of
deceased Manjunath and assaulted deceased
Manjunath and dragged him outside the house.
Accused No.11 with wooden repiece and crowbar,
NC: 2026:KHC:4049
HC-KAR
accused No.2 with size stone, iron chain and
chappal, accused No.5 with wooden repiece,
accused No.7 with wooden repiece, accused No.3
with iron crowbar, accused No.1 with machete, size
stone and crowbar, accused No.13 with wooden
repiece, accused No.14 with hands and legs,
accused Nos. 6, 8 with hands and legs, accused
Nos.9 and 10 with cart peg, hands and legs,
accused Nos. 4, 12 and 15 assaulted deceased with
hands. All abused the deceased and CWs.1 and 2
and assaulted them on their body and head with an
intention to kill them. Deceased - Manjunath has
sustained severe injuries and he died on the way to
hospital. CW1 and CW2 have sustained grievous
injuries. The deceased was aged 40 years as on the
date of the incident and CW.17 was the daughter of
accused Nos.1 and 2 and was aged 19 years. The
deceased enticed CW.17 and married her. Deceased
- Manjunath was accused in S.C.No.41/2020 and he
has been convicted for offence under Section 306 of
IPC and sentenced to undergo imprisonment for 6
years and fine of Rs.10,000/- by judgment dated
23.01.2024. The charge against the deceased in the
said case was that his wife Shilpa committed suicide
by hanging and this deceased has abetted his wife
to commit suicide. The marriage of deceased with
the said Shilpa was love marriage. Considering the
said aspect, learned Senior counsel for the
NC: 2026:KHC:4049
HC-KAR
petitioners submits that deceased was in the habit
of enticing girls and marrying them and
subsequently, torturing them.
8. Accused No.2 is mother of CW17 and wife
of accused No.1 and she has been granted bail in
Crl.P.No.503/2025 by order dated 12.02.2025. The
accusation against accused No.2 is that she
assaulted deceased with size stone on his head and
caused injury. The accusation against the
petitioners/accused No.1 and accused No.3 is that
accused No.1 assaulted with machete, size stone
and crowbar, accused No.3 assaulted with a
crowbar. Petitioners/accused Nos.1 and 3 herein are
similarly placed to that of accused No.2, who has
been granted bail. On perusal of the charge sheet
there are 79 witnesses cited as charge sheet
witnesses. The petitioners are in judicial custody
since 30.11.2024. Considering the number of
witnesses, the trial will take considerable time. The
petitioners have undertaken to appear before the
trial Court on all dates of hearing and not to tamper
with the prosecution witnesses. There are no
criminal antecedents of the petitioners. Considering
the above aspects, the petitioners have made out a
case for grant of bail with conditions."
NC: 2026:KHC:4049
HC-KAR
Accused Nos.1, 2 and 3 have been granted bail and
the accusation against them is that accused No2 with size
stone, accused No.3 with iron crowbar and accused No.1
with machete, size stone and crowbar assaulted the
deceased. The petitioners i.e., accused No.5 assaulted
with wooden repiece, accused No.7 also assaulted with
wooden repiece and accused No.1 also assaulted with
wooden repiece and crowbar on the deceased. The
overtact alleged against the petitioners is similar to that of
accused Nos.1 to 3 who have been granted bail. Therefore,
the petitioners are entitled for grant of bail on the ground
of parity. The petitioners have undertaken to appear
before the trial Court on all dates of hearing and not to
tamper with the prosecution witnesses. There are no
criminal antecedents of the petitioners.
7. Considering all the above aspects, the
petitioners have made out a case for grant of bail with
conditions. In the result, the following;
NC: 2026:KHC:4049
HC-KAR
ORDER
The Criminal petition is allowed. The
petitioners/accused Nos.5, 7 and 11 are granted bail in
S.C.No.105/2025 (Crime No.415/2024 of Bharamasagar
Police Station) pending on the file of Special II Additional
District and Sessions Judge, Chitradurga, subject to
following conditions:
(i) Petitioners shall execute a personal bond
for a sum of Rs.1,00,000/- (Rupees one
lakh only) each with one surety for the
like-sum to the satisfaction of the trial
Court.
(ii) Petitioners shall not tamper the
prosecution witnesses.
(iii) Petitioners shall attend the trial Court on
all dates of hearing unless exempted and
co-operate for speedy disposal of the
case.
(iv) Petitioners shall not commit any offence.
If a case registered against the
NC: 2026:KHC:4049
HC-KAR
petitioners for committing any offence,
the prosecution is at liberty to seek
cancellation of bail granted to them.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 8
