Mr Girisha B P Vs State by

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL, WHO IS THE ACCUSED NO.10 IN CRIME NO.225/2025 REGISTERED BY THE RESPONDENT KUNIGAL POLICE STATION, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT KUNIGAL, FOR THE OFFENCE PUNISHABLE UNDER SECTION 103, 238, 310(3), 249, 140(1), 308(2), 61 OF BNS ACT, 2023.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:36881 CRL.P No. 11633 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the arguments and perused the material on

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record.

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Petitioner/accused No.10 is seeking to enlarge

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him on bail in Cr.No.225/2025 of Kunigal Police Station, Tumakuru, registered for the offence punishable under Section 103 and 238 of BNS, 2023.

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Initially, a UDR came to be registered on the

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information furnished by the sister of deceased Nagesh D. During the investigation, CCTV footage revealed that the murder was committed by accused No.1 and his friend (accused No.2).

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FIR was registered against accused No.1-Surya S/o Nagesh D. and his friend. Chargesheet is filed against 12 accused for the offence punishable under Section

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3 - NC: 2025:KHC:36881 CRL.P No. 11633 of 2025

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HC-KAR

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61(2)(a), 238(b), 109(1), 308(5), 137(1)(a), 103 r/w 3(5) of BNS, 2023.

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It is the case of prosecution that accused No.1 and his sister Laxmi planned to commit murder of their father Nagesh D., as he was not looking after them properly and he had an evil eye on his daughter. In order to execute the plan, they conspired with the other accused persons and engaged accused Nos.9 to 12, assuring them supari of Rs.10 lakhs. Since entire money could not be paid, the said accused threatened accused No.1 that they will reveal his plan to his father. Hence, it is alleged that accused No.1 along with his friend, accused No.2, committed the murder of his father by strangulating him on the night intervening 10.5.2025 and 11.5.2025 in the Apollo Ice Cream Factory belonging to the deceased situated at Shivaji Tent Road, Kunigal. It is further alleged that the said accused administered electric shock to the deceased, to make it appear as if the death was due to electrocution.

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HC-KAR

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Petitioner is not named in the FIR. While filing

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chargesheet, he is arraigned as accused No.10. He was arrested on 17.5.2025. It is alleged that accused No.1 gave supari to accused Nos.9 to 12 to commit the murder of his father. However, it is not case of prosecution that the murder was committed by them. On the other hand, it is alleged that, since the entire amount was not paid, they were threatening that his plan will be revealed to his father. Admittedly, petitioner was not present at the scene when the murder took place. Accused similarly placed as petitioners are enlarged on bail by this Court. Investigation is completed and chargesheet is filed. Hence, the following:

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ORDER

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I. Petition is allowed.

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II. Petitioner/accused No.10 in Crime No.225/2025 of Kunigal Police Station, Tumakuru, shall be enlarged bail, subject to following conditions:

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HC-KAR

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He shall execute a 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.

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