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Karnataka High Court
Sri Kumar A M vs The State By Rural Police on 31 January, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2026:KHC:5448
CRL.P No. 17613 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 17613 OF 2025
BETWEEN:
SRI KUMAR A.M,
AGED ABOUT 58 YEARS,
S/O SRI. A.M. ESHWARAPPA,
RESIDING AT BELALAKATTE VILLAGE,
SHIVAMOGGA TALUK,
SHIVAMOGGA - 577 216.
...PETITIONER
(BY SRI. PRABHAKAR L. SHETTY, ADVOCATE)
AND:
THE STATE BY RURAL POLICE,
SHIVAMOGGA TALUK,
Digitally
REPRESENTED BY S.P.P,
signed by
KAVYA R HIGH COURT BUILDING,
Location: HIGH COURT OF KARNATAKA,
High court BANGALORE - 560 001.
of Karnataka ...RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNSS) PRAYING TO PASS AN ORDER DIRECTING TO RELEASE
THE PETITIONER THE ACCUSED NO.1 ON BAIL IN
S.C.NO.77/2024 FOR THE OFFENCE P/U/S 120B, 341, 435, 302
R/W 34 OF IPC ON THE FILE OF THE I ADDL.SESSIONS JUDGE
SHIVAMOGGA.
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NC: 2026:KHC:5448
CRL.P No. 17613 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in S.C.No.77/2024 pending before the
Court of I Additional District and Sessions Judge,
Shivamogga, arising out of Crime No.383/2023 registered
by Shivamogga Rural Police Station, Shivamogga, for
offences punishable under Section 120-B, 341, 435, 302
read with Section 34 of IPC is before this Court in this
successive bail application filed under Section 483 of
BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.383/2023 was registered by
Shivamogga Rural Police Station, Shivamogga, for the
aforesaid offences against petitioner and two others,
based on the first information dated 03.12.2023 received
from Smt.Preethi.B.M, daughter of Maheshappa.
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HC-KAR
4. During the course of investigation, petitioner was
arrested on 06.12.2023 and remanded for judicial custody.
His bail application filed before the Sessions Court was
rejected and therefore, he had approached this Court in
Crl.P.No.7806/2024 which was dismissed as not pressed
on 03.09.2024. Subsequently, petitioner had filed a fresh
bail application before the Trial Court in
Crl.Misc.No.752/2025 which was rejected on 28.08.2025.
It is under these circumstances, petitioner is before this
Court in this successive bail application.
5. Learned counsel for the petitioner submits that
petitioner has no other criminal antecedents. He is in
custody for the last more than two years. All the material
charge sheet witnesses who have been examined in the
present case before the Trial Court have turned hostile to
the case of the prosecution. Accordingly, he prays to allow
this petition.
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6. Per contra, learned HCGP who has opposed the
petition however does not dispute the submission made by
learned counsel for the petitioner. He submits that
deceased had suffered burn injuries and has died as a
result of the said burn injuries. Allegation against the
petitioner and accused No.2, who is his son is that on the
alleged date of incident they had intercepted deceased
Maheshappa and had poured petrol on him and lit fire.
Accordingly, he prays to dismiss the petition.
7. Deceased Maheshappa is the cousin brother of
the petitioner. It appears that there was certain civil
dispute between the family of the petitioner and the family
of the deceased. It is the case of the prosecution that
accused Nos.1 and 2 had therefore conspired to commit
the murder of Maheshappa and on 03.12.2023, when
Maheshappa was riding the motorbike bearing registration
No.KA-51-AD-1259, accused Nos.1 and 2 intercepted his
motorbike and poured petrol which they had brought with
them and lit fire. As a result, Maheshappa had suffered
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grievous burn injuries and immediately thereafter he was
shifted to a hospital. However, Maheshappa had died in
the hospital while undergoing treatment. It is under these
circumstances, FIR was registered against the petitioner
and his family members, based on the first information
submitted by Smt.Preethi, who is the daughter of
deceased Maheshappa.
8. First informant Smt.Preethi has been examined
before the Trial Court as PW.1. She has been treated as a
hostile witness and cross-examined by the Public
Prosecutor. PW.2 is the son-in-law of the deceased and
brother-in-law of PW.1. Even PW.2 was treated as a
hostile witness and cross-examined by the prosecution.
According to the learned counsel for the petitioner, nothing
material has been elicited from the mouth of the aforesaid
two witnesses by the prosecution even during their
cross-examination by the prosecution.
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9. It is brought to the notice of this Court that all
the material charge sheet witnesses have been already
examined before the Trial Court and none of them have
supported the case of the prosecution. Petitioner aged
about 58 years, is in custody for the last more than two
years. Undisputedly, he has no other criminal antecedents.
Considering the aforesaid aspects of the matter, I am of
the opinion that the prayer made by the petitioner for
grant of regular bail needs to be answered affirmatively.
Accordingly, the following:-
ORDER
The Criminal petition is allowed.
The petitioner is directed to be enlarged on bail in
S.C.No.77/2024 pending before the Court of I Additional
District and Sessions Judge, Shivamogga, arising out of
Crime No.383/2023 registered by Shivamogga Rural Police
Station, Shivamogga, for offences punishable under
Section 120-B, 341, 435, 302 read with Section 34 of IPC,
subject to the following conditions:
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a) The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- (Rupees One
Lakh only) with two sureties for the likesum, to
the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly
on all the dates of hearing before the Trial
Court unless the Trial Court exempts his
appearance for valid reasons;
c) The petitioner shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioner shall not involve in
similar offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against him is disposed off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR/List No.: 1 Sl No.: 14
