Dismissed¶¶48

Mr. Nagaraj v. the State of Karnataka

Karnataka HC7 Nov 2025CRL.P/11889/2025

Case brief

AI extract

What is this about?

Regular bail denied; Section 483 BNSS / Section 439 Cr.P.C; Section 302 IPC murder case; machete assault on uncle; eyewitnesses turned hostile (P.W.4, P.W.5); supporting eyewitnesses P.W.3, P.W.10, P.W.11; trial in progress with witnesses remaining; flight risk; custody since 28.11.2023; S.C. No. 14/2024; Crime No. 243/2023 Gouribidanur Rural Police; Chikkaballapura; CRL.P No. 11889 of 2025; Karnataka High Court; Shivashankar Amaranannavar, J.; petition dismissed.

What did the court decide?

Although C.W.2 and C.W.14, examined as P.W.4 and P.W.5, did not support the case of the prosecution, the other eyewitnesses P.W.3, P.W.10 and P.W.11 supported the case of the prosecution. ¶¶42

Mr. Nagaraj Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

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NC: 2025:KHC:45086 CRL.P No. 11889 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11889 OF 2025 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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MR. NAGARAJ S/O LATE NARAYANASWAMY AGED ABOUT 35 YEARS RESIDING AT CHOLASHETTIHALLI VILLAGE NAGARAGERE HOBLI GOURIBIDANUR TALUK CHIKKABALLAPURA DISTRICT -561 208.

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…PETITIONER

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(BY SRI B.N.SURESH BABU, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY GOURIBIDANUR RURAL POLICE GOURIBIDANUR- 561 208 REPRESENTED BY ITS STATION HOUSE OFFICER

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THE RESPONDENT IS REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.

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…RESPONDENT

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(BY SMT. B PUSHPALATHA, ADDL. SPP)

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THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

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2 - NC: 2025:KHC:45086 CRL.P No. 11889 of 2025

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HC-KAR

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SC.No.14/2024 ARISING OUT OF CR.No.243/2023 OF GOURIBIDANUR RURAL POLICE, GOURIBIDANUR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC, ON THE FILE OF THE 1^ST ADDL. DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under

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Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in S.C. No. 14/2024 (crime No. 243/2023 of Gowribidanur Rural P.S.) registered for offence punishable under Section 302 of IPC pending on the file of I Additional District and Sessions Judge, Chikaballapura.

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Heard learned counsel for petitioner and

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learned Additional SPP for respondent - State.

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Learned counsel for petitioner would contend

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that out of 44 charge sheet witnesses 29 witnesses are examined. Petitioner is in custody since 28.11.2023.

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3 - NC: 2025:KHC:45086 CRL.P No. 11889 of 2025

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HC-KAR

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Remaining witnesses are official witnesses. C.W.2 and C.W.14, who are eyewitnesses, have been examined as P.W.4 and P.W.5 and they have not supported the case of the prosecution. With this he prayed to allow the petition.

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Per contra learned Additional SPP would contend that C.W.2, C.W.14, C.W.17 to C.W.19, C.W.24, C.W.27 and C.W.29 are eye witnesses to the incident. Machete has been seized at the instance of this petitioner and it was found to be blood stained. There are other witnesses to be examined. If at this stage petitioner is granted bail, there are chances of him fleeing from justice and not available for trial. The offence alleged against the petitioner is punishable with either death or imprisonment for life. With this she prays to reject the petition.

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Having heard learned counsel for the parties,

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this Court has perused the charge sheet and other materials placed on record.

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4 - NC: 2025:KHC:45086 CRL.P No. 11889 of 2025

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HC-KAR

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As per charge sheet, the accusation against this

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petitioner is that deceased was his uncle and he was intimating his criminal activities to Police. As the deceased had given poison to his dogs, on 27.11.2024 at 07.00 a.m. when deceased went to milk diary, at that time, petitioner

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accused went there and with an intention to kill him, at about 07.15 a.m., assaulted the deceased with machete on his head, neck and caused his death.

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As per charge sheet C.W.2, C.W.14, C.W.17 to C.W.19, C.W.24, C.W.27 and C.W.29 are eye witnesses to the incident. Even though C.W.2 and C.W.14 who are examined as P.W.4 and P.W.5 have not supported the case of the prosecution, P.W.3, P.W.10 and P.W.11 who are other eyewitnesses have supported the case of the prosecution. Trial is in progress and the prosecution has to examine other witnesses. If at this stage petitioner is granted bail there are chances of him fleeing from justice and not available for further trial. Considering the above

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NC: 2025:KHC:45086 CRL.P No. 11889 of 2025

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HC-KAR

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aspects the petitioner has not made out any grounds for

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grant of bail.

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