Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5287 OF 2026 BETWEEN:
1. MANU S/O MURUGA AGED ABOUT 22 YEARS R/O JAIBHEEM NAGARA BHADRAVATHI, SHIVAMOGGA DIST., PIN - 577 301.
2. PURUSHOTHAMA S/O MURUGA AGED ABOUT 20 YEARS R/O JAIBHEEM NAGARA BHADRAVATHI SHIVAMOGGA DIST. PIN - 577 301. …PETITIONERS (BY SRI NAVEEN H.M, ADV.) AND: Digitally signed by
NANDINI M STATE OF KARNATAKA S BY OLD TOWN POLICE Location: BHADRAVATHI SHIVAMOGGA DIST., HIGH REPRESENTED BY STATE PUBLIC COURT OF PROSECUTOR, HIGH COURT OF KARNATAKA KARNATAKA, BENGALURU - 560 001.…RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THEM ON BAIL IN CRIME NO. 185/2025 AND CC NO. 2613/2026 OF RESPONDENT BHADRAVATHI OLD TOWN P.S REGISTERED FOR OFFENCE PUNISHABLE 189(2), 189(3), 189(4), 191(3), 103(1), 109(1), 351(3), 190, 115(2) AND ARMS ACT 2019 OF SEC. 25(1)(A), WHICH IS PENDING BEFORE HONBLE ADDL. CIVIL JUDGE (JR. DVN) AND JMFC-2 AT BHADRAVATHI. -2-
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused nos.5 and 6 in Crime No.185 of 2025
registered by Bhadravathi Old Town Police Station, Shivamogga District for offences punishable under Section 115(2), 189(2), 189(3), 189(4), 191(3), 103(1), 109(1), 351(3) and 190 of BNS 2023 and Section 25(1)(a) of the Indian Arms (Amendment) Act, 2019 are before this court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.185 of 2025 was registered by
Bhadravathi Old Town Police Station, Shivamogga District against one Sanjay and eight others, based on the first information dated 13.12.2025 received from Sri Suresh N, who is the injured witness in the present case. Petitioners who are arrayed as accused nos.5 and 6 in the first information were arrested on 19.12.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed as against 8
-3- persons. Accused no.7 named in the FIR has been dropped in the charge sheet. Petitioners herein are arrayed as accused nos.5 and 6 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5043 of 2026 was dismissed on 07.03.2026. Therefore, they are before this Court.
4. Perusal of the material on record would go to show
that, there is a long standing enmity between the family of CW1 Suresh and the family of accused no.1 Sanjay. Accused nos.2, 3, 5 and 6 are the close relatives of accused no.1 - Sanjay and accused nos.4, 7, 8 and 9 are his friends. It appears that, a dispute arose after CW14 Spoorthy eloped with CW-15 - Nandish and married him on 12.12.2025 had returned
to Halenagara police station, after getting married and therefore some of the accused had gone near the said police station along with accused no.4.
5. It appears that CW1 - Suresh and his uncle
Manjunath also came there and this was objected by accused persons and they also allegedly abused CW1 - Suresh. It is in this background, accused persons allegedly had conspired -4-
together to teach a lesson to CW1 Suresh and his uncle Manjunath. Subsequently, at about 08.45 p.m. on 12.12.2025, accused no.1 allegedly called CW1 - Suresh over his mobile phone on the pretext of talking to him, accused nos.5 and 6 allegedly informed the other accused persons that they will come back. after dinner and they asked the other accused persons to inform them immediately after CW1 arrives. It appears that after accused nos.5 and 6 had left, CW1 had come to the spot where accused no.1 had summoned him and accused nos.1 to 4 and 9, who were armed with weapons, allegedly quarreled with CW1 and assaulted him. At that time, Manjunath and his friend Kiran Kumar came there and they tried to intervene and save CW1 Suresh.
6. It is alleged that accused nos.1 to 4 and 9 had also
assaulted Manjunath and his friend Kiran Kumar and as a result, Manjunath and Kiran Kumar, who had suffered grievous injuries, succumbed to the same in the hospital. CW1 - Suresh also had suffered grievous injuries in the incident in question. -5-
7. The allegation of assaulting deceased Manjunath, deceased Kiran Kumar and the injured Suresh - CW1 with deadly weapons is only as against accused nos.1 to 4 and 9.
8. Charge sheet material would go to show that,
accused no.5 and accused no.6 were not even present at the spot of crime when accused nos.1 to 4 and 9 quarreled with CW1 and thereafter assaulted him causing grievous injuries and also assaulted Manjunath and Kiran Kumar with deadly weapons, who are the deceased in the present case.
9. It is not in dispute that petitioners, who are
arraigned as accused nos.5 and 6 in the charge sheet do not have any criminal antecedents. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered affirmatively.
10. Accordingly, the following:
ORDER
Criminal petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.185 of 2025 registered by Bhadravathi Old Town -6- Police Station, Shivamogga District for offences punishable under Section 115(2), 189(2), 189(3), 189(4), 191(3), 103(1), 109(1), 351(3) and 190 of BNS 2023 and Section 25(1)(a) of the Indian Arms (Amendment) Act, 2019, subject to the following conditions:
a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likeesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future: e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of -7-
the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 51