Lokesha K @ Papanna Vs the State of Karnataka

THE STATE OF KARNATAKA REP. BY CHANNARAYAPATNA RURAL POLICE HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 01.

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…RESPONDENT

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(BY SRI CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL IN SC.No.95/2025 ARISING OUT OF CR.No.11/2025 REGISTERED BY CHANNARAYAPATNA RURAL POLICE, HASSAN DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SESCTIONS 61(2),103(1),238,241,54, 3(5) OF BNS, PENDING ON THE FILE OF

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NC: 2025:KHC:42352 CRL.P No. 13522 of 2025

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HC-KAR

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HON’BLE IV ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN, SITTING AT CHANNARAYAPATNA AND ETC.,

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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 accused No. 4 under

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Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as BNSS’) praying to grant bail in crime No. 11/2025 of Channarayapatna Police Station pending in S.C. No. 95/2025 of IV Additional District and Sessions Judge, Hassan sitting at Channarayapatna registered for offence punishable under Sections 61(2), 103(1), 238, 3(5), 241 and 54 of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as BNS’).

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Heard learned counsel for petitioner and learned HCGP for respondent – State.

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Learned counsel for petitioner would contend that there are no eye witnesses to the incident and case of the

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HC-KAR

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prosecution is based on circumstantial evidence. There is no overt act alleged against the petitioner. The petitioner took accused Nos. 1 and 3 in the car, alighted them at the spot, took the car further, stopped it and was in the car. The allegation of assault on the deceased is against accused Nos. 1 and 3. As charge sheet is filed petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition.

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Per contra, learned HCGP would contend that accused Nos. 1 to 4 conspired to kill the deceased as he was coming in the way of illicit relationship of accused No. 1 with accused No. 2 who is the wife of the deceased. He further submits that the petitioner was also present at the spot as he alighted accused Nos. 1 and 3 from the car at the spot. Considering the charge sheet material there is a prima facie case against the petitioner for the offence alleged against him. With this, he prayed to reject the petition.

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NC: 2025:KHC:42352 CRL.P No. 13522 of 2025

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HC-KAR

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Having heard learned counsel for the parties, this

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Court has perused the charge sheet records.

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Accused No. 2 is the wife of the deceased. Accused

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No. 1 had illicit relationship with accused No. 2. As the

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deceased was coming in the way of the said illicit relationship, accused Nos. 1 and 2 along with accused Nos. 3 and 4 have conspired to kill the deceased. In furtherance of the said conspiracy the accused persons purchased weapons and other articles. Accused No. 4 – present petitioner took accused Nos. 1 and 3 to the spot in the car, alighted them, he went further and parked his car. The overt act of assault is alleged against accused Nos. 1 and 3 who are stated to have assaulted the deceased with long chopper on his neck, head and other parts of the body and committed his murder. No overt act of assault on the deceased is alleged against this petitioner. The only allegation against this petitioner is that he was present near the spot and he alighted accused Nos. 1 and 3 at the spot from the car. As charge sheet is filed, petitioner is not required for custodial interrogation. There

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HC-KAR

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are no criminal antecedents of this petitioner. Considering the above aspects petitioner has made out case for grant of bail with conditions.

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In the result, the following;

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O R D E R

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Petition is allowed. The petitioner is granted bail in crime No. 11/2025 of Channarayapatna Police Station pending in S.C. No. 95/2025 of IV Additional District and Sessions Judge, Hassan sitting at Channarayapatna subject to following conditions.

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I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court.

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II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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III. Petitioner shall attend the trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case.

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