Mr Ullas Vs State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND THE PETITIONER/ACCUSED NO.5 BE DIRECTED TO BE RELEASED ON BAIL IN CRIME NO.225/2025 REGISTERED IN THE KUNIGAL POLICE STATION PENDING ADJUDICATION BEFORE THE PRL. SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, FOR THE OFFENCES UNDER SECTION 61(2)(a), 238(b), 109(1), 308(5), 137(1)(a), 3(5), 103.

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NC: 2025:KHC:35806 CRL.P No. 12362 of 2025

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HC-KAR

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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FIR in Cr.No.225/2025 was registered at Kunigal

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Police Station, Tumakuru, against one Surya and his friend, for the offence punishable under Section 103 and 238 of BNS, 2023.

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Chargesheet is filed against accused Nos.1 to 12 for the offence punishable under Section 61(2)(a), 238 (b), 109(1), 308(5), 137(1)(a), 103 R/w 3(5) of BNS, 2023.

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Heard both sides and perused the material on

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record.

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FIR is registered based on the complaint of Savitha T.D., sister of deceased Nagesh D. Initially, UDR No.20/2025 was registered, regarding ununatural death of her brother Nagesh D. In the course of

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HC-KAR

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investigation, from CCTV footage, crime committed by accused No.1-Surya, none other than the son of the deceased and his friend came to light. It is alleged the accused strangulated the deceased and committed his murder, on the night intervening 10.5.2025 and 11.5.2025.

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It is the case of prosecution that, the deceased Nagesh D., who was residing separately from his wife for about 14 – 15 years, was living with his son/accused no.1 and daughter at Kunigal, where he was running an ice-cream factory. It is alleged that accused No.1, harbouring grievance against his father for not taking proper care of him and his sister and suspecting that the deceased had an evil eye on his sister, conspired to eliminate him. On 24.04.2025, accused no.1 along with accused Nos.4 to 6, allegedly attempted to cause his father’s death by staging a road accident, but the plan failed. Thereafter, accused No.1 again conspired with accused Nos.4, 7 and 8, and engaged accused Nos.9 to 12

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HC-KAR

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on a deal of about Rs.10 lakhs. Since he was unable to pay entire amount, they threatened to reveal his plan to his father. Therefore, on the night intervening 10.05.2025 and 11.05.2025, accused nos. 1 and 2 allegedly went to the ice-cream factory, where accused no.1 strangulated the deceased with a towel while accused no.2 held him tightly, thereby causing his death and then gave electric shock to him in an attempt to conceal the crime committed by them.

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Admittedly, petitioner was not present at the

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spot on the alleged date of incident. The allegation against him is that he too conspired with other accused persons to commit the murder. However, the specific overt acts are against accused Nos.1 and 2. It is alleged that accused Nos.3 to 6 had attempted to kill the deceased by causing accident earlier. However, except the bald allegations, there are no material placed to substantiate the said allegation. Similarly placed accused Nos.3 and 7 are granted bail by this Court in Crl.P.No.8405/2025 c/w

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HC-KAR

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Crl.P.No.8448/2025 vide order dated 7.7.2025 and accused No.4 has been granted bail in Crl.P.No.9758/2025 vide order dated 18.7.2025. No criminal antecedents against the petitioner are brought to the notice of the Court. Hence, the following:

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ORDER

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I. Petition is allowed.

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II. Petitioner/accused No.5 in Crime No.225/2025

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of Kunigal Police Station, Tumakuru, shall be enlarged on bail, subject to following conditions:

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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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