Vinayaka @ Vinay Vs State of Karnataka

VINAYAKA @ VINAY SON OF PARAMESHA NAIK AGED ABOUT 25 YEARS RESIDING AT HONNURU GOLLARAHATTI DAVANAGERE TALUK DISTRICT. PRESENTLY RESIDING AT SARASWATI BADAVANE DABA STOP 1^ST MAIN, 2^ND CROSS DAVANAGERE – 577 002.

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…PETITIONER

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(BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, 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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STATE OF KARNATAKA BY PSI VIDYANAGARA POLICE DAVANAGERE DAVANAGERE DISTRICT

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REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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…RESPONDENT

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(BY SMT. RASHMI PATEL, HCGP)

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THIS CRL.P FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION THEREBY GRANTING REGULAR BAIL TO THE PETITIONER / ACCUSED

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2 - NC: 2025:KHC:47118 CRL.P No. 13836 of 2025

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HC-KAR

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No.15 IN SPL.CASE No.346/2025 (CR.No.103/2025 OF VIDYANAGAR P.S. ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE AT DAVANAGERE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2),190,191(2),191(3),61(2) OF BNS 2023.

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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.15 under Section

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483 of BNSS praying to grant bail in Spl.Case No.346/2025 (Crime No.103/2025 of Vidyangar Police Station, Davanagere) pending on the file of II Additional District and Sessions Judge, Davanagere registered for offences punishable under Sections 189(2), 190, 191(2), 191(3), 61(2) of 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

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the accusation against this petitioner as per charge sheet is that he conspired with accused Nos.1, 2, 16 and 17 to

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3 - NC: 2025:KHC:47118 CRL.P No. 13836 of 2025

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HC-KAR

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kill deceased Santhosh Kumar @ Kanuma. There is no allegation against this petitioner committing murder of deceased. The petitioner was not present even on the spot at the time of the incident. The allegation of committing murder is against accused Nos.1 to 6 and 7 to 10. As the charge sheet is filed, the petitioner is not required for the custodial interrogation. There are no criminal antecedents of the petitioner. With these he prayed to allow the petition.

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Per contra, learned HCGP would contend that this petitioner along with accused Nos.1, 2, 16 and 17 conspired to kill the deceased. In furtherance of the said conspiracy, accused Nos.1 to 10 committed murder of the deceased. The charge sheet materials show prima-facie case against the petitioner for offences alleged against him. With these, she prayed to reject the petition.

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Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

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4 - NC: 2025:KHC:47118 CRL.P No. 13836 of 2025

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HC-KAR

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As per the charge sheet, the accusation against accused Nos.12 to 20 is committing offences punishable under Sections 61(2), 189(2), 191(2), 191(3) read with 190 of BNS. On reading of column 17 of the charge sheet, the accusation against this petitioner is conspiracy along with accused Nos.1, 2, 16 and 17 to kill deceased Santhosh Kumar @ Kanuma. The petitioner has not participated in commission of murder of the deceased. The petitioner is in custody since 12.05.2025 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following:

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ORDER

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Petition is allowed. The petitioner is granted bail in Spl.Case.No.346/2025 (Crime No.103/2025 of Vidyanagar Police Station) pending on the file of II Additional District

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5 -

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NC: 2025:KHC:47118 CRL.P No. 13836 of 2025

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HC-KAR

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and Sessions Court, Davanagere, subject to following conditions:

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(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/(Rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court.

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(ii) The petitioner shall not tamper the prosecution with necessary directly or indirectly.

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(iii) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB

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List No.: 1 Sl No.: 56 Ct.sm

Vinayaka @ Vinay v. State of Karnataka

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Vinayaka @ Vinay v. State of Karnataka

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