[Cites 10, Cited by 0]
Karnataka High Court
Yashawantha H P vs The State Of Karnataka on 29 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:4892
CRL.P No. 17366 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17366 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. YASHAWANTHA H P
S/O PANDU @ PANDU RANGAPPA
AGED ABOUT 26 YEARS
OCC:AGRICULTURIST
R/O LAKKAMMA TEMPLE
KABBALA. HOSADURGA TALUK
CHITRADURGA DISTRICT
PIN-577 526.
...PETITIONER
(BY SRI SUYOG HERELE E, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by
THROUGH HOSADURGA
LAKSHMINARAYANA POLICE STATION
MURTHY RAJASHRI
Location: HIGH
REPRESENTED BY ITS
COURT OF STATE PUBLIC PROSECUTOR
KARNATAKA
HIGH COURT BUILDING
BANGALORE-560 001.
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (FILED
UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS
PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE
THE PETITIONER ON BAIL IN CRIME No.339/2025 (PENDING
-2-
NC: 2026:KHC:4892
CRL.P No. 17366 of 2025
HC-KAR
ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND
JMFC COURT AT HOSADURGA IN C.C.No.1623/2025)
REGISTERED BY HOSADURGA POLICE STATION, CHITRADURGA
DISTRICT, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER
SECTIONS 140(1),103(1),238,61(2),54,249,3(5) AND 190 OF
BNS 2023.
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.
339/2025 of Hosadurga Police Station registered for
offence under Sections 140(1), 103(1), 238, 61(2), 54,
249, 3(5) and 190 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.
Case of the prosecution is based on circumstantial
evidence and there are no eye witnesses to the incident.
PM report indicates that cause of death is undetermined.
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HC-KAR
There is no recovery at the instance of the petitioner.
There was a matrimonial dispute between accused No. 1
and the deceased. Accused No. 1 had filed a divorce case
against the deceased and it was pending. As charge sheet
is filed petitioner is not required for further custodial
interrogation. There are no criminal antecedents of the
petitioner. With this he prayed to allow the petition.
4. Per contra, learned HCGP would contend that
this petitioner had illicit relation with accused No. 1.
Accused No. 1 instigated the petitioner to kill the deceased
as he was coming in the way of their illicit relation and
quarreling with her. Charge sheet material show prima
facie case against the petitioner for offence alleged against
him. With this, he prayed for dismissal of the petition.
5. Having heard learned counsel for the parties
this 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. 1
in the order dated 16.12.2025 passed in Crl.P. No. 14618/
2025, in paragraph No. 6, has observed as under:
"6. The deceased was found missing and a
complaint came to be filed in that regard on
17.02.2025 in Crime No.77/2025. The dead body
of the deceased was found on 22.02.2025 and
UDR No.2/2025 had been registered in a
Lingadahalli Police Station. Thereafter, the father
of the deceased filed a complaint on 20.07.2025
and it came to registered in Crime No.339/2025
and FIR came to be registered against unknown
persons. After the investigation, the charge
sheet has been filed against five accused
persons, wherein the petitioner is arrayed as
accused No.1. The case of the prosecution as per
charge sheet is that, the petitioner had illicit
relation with accused No.2 and on coming to
know the same, the deceased had quarreled with
her, she left her husband's house and was
residing in her parents' house. The deceased
used to go to the house of the petitioner and
used to quarrel with her. In that regard, three
FIRs' are registered in Hosadurga Police Station.
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HC-KAR
As per the charge sheet, the accusation against
the petitioner is that, as the deceased was
quarreling with her, she instigated accused No.2
to kill the deceased and pursuant to the said
instigation, accused Nos.2 to 4 took the
deceased and assaulted him and strangulated
him with a towel and committed his murder. The
only accusation against the petitioner is that, she
instigated accused No.2 to kill the deceased. The
petitioner was not on the spot at the time of the
incident. The petitioner is a woman. As the
charge sheet is filed, the petitioner is not
required for further custodial interrogation. The
petitioner is in judicial custody since 22.07.2025.
There are no criminal antecedents of the
petitioner."
7. The accusation against this petitioner is that he
along with accused Nos. 3 and 4 took the deceased,
assaulted him, strangulated him with a towel and
committed his murder. There are no eyewitnesses to the
incident and case of the prosecution is based on
circumstantial evidence. There is no recovery of any
incriminating article at the instance of this petitioner. As
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HC-KAR
the case of the prosecution is based on circumstantial
evidence, prosecution has to prove each of the
circumstances at trial. As charge sheet is filed, petitioner is
not required for further custodial interrogation. Petitioner
is in judicial custody since 23.07.2025. There are no
criminal antecedents of the petitioner.
8. Considering the above aspects, petitioner has
made out a case for grant of bail with conditions.
9. In the result, the following;
ORDER
Criminal Petition is allowed. Petitioner is granted bail
in Crime No. 339/2025 of Hosadurga Police Station,
subject to following conditions:
I. Petitioner shall execute a personal bond for a
sum of Rs.1,00,000/- with one surety for the
likesum to the satisfaction of the Jurisdictional
Court.
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II. Petitioner shall not tamper the prosecution
witnesses either directly or indirectly.
III. 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
LRS
List No.: 1 Sl No.: 13
Ct.sm
