K S Channesha @ Channanna Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2025)

K S Channesha @ Channanna Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused No.4 granted bail in Crime No.150/2025 of Holehonnur Police Station, subject to conditions: (a) execution of a personal bond of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court; (b) not to tamper prosecution witnesses directly or indirectly; (c) to attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal; (d) not to involve in commission of any offence, failing which the prosecution may seek cancellation of bail.

Issue for consideration

Whether the petitioner, accused No.4 in Crime No.150/2025 of Holehonnur Police Station (offences punishable under Sections 61(1), 103(1), 127(1) R/W 35 of BNS, 2023), is entitled to be enlarged on bail.

Court's answer

The only allegation against the petitioner is that he gave supari to accused No.3 and instructed accused Nos.1 and 2 to kill the deceased; there is no recovery from the petitioner and no evidence regarding passing of the supari amount from the petitioner to accused No.3.

Ratio / Principle

The entire case of the prosecution is based on circumstantial evidence, and the prosecution has to prove each of the circumstances at the time of trial.

Key takeaways

In view of the absence of recovery and of any evidence of passing of the supari amount, and the circumstantial nature of the prosecution case, the petitioner has made out a case for grant of bail with conditions.ratio¶41

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No.15100/2025) under S.439 Cr.P.C / S.483 BNSS for regular bail — Petitioner, aged about 68 years, agriculturist, accused No.4 in Crime No.150/2025 of Holehonnur P.S. (CC No.5829/2025), Shivamogga District, for offences punishable under SS.61(1), 103(1), 127(1) R/W 35 of BNS, 2023 — Allegation: deceased had illicit relationship with petitioner's second wife and obstructed his daughter's marriage; petitioner gave 'supari' to accused No.3, who instructed accused Nos.1 and 2, and the deceased was killed by knife assault — Held: no recovery from petitioner; no evidence of passing of supari consideration; case rests wholly on circumstantial evidence which the prosecution must prove at trial; charge sheet filed — Petitioner entitled to bail with conditions — Personal bond Rs.1,00,000/- with one surety; conditions against tampering with witnesses, attendance on all hearing dates, and non-involvement in further offences — Petition allowed (Justice Shivashankar Amarannavar, 25-11-2025).

NC: 2025:KHC:48778 CRL.P No. 15100 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15100 OF 2025 (439(Cr.PC) / 483(BNSS))

BETWEEN:

K S CHANNESHA @ CHANNANNA

S/O LATE SHIVALINGAPPA AGED ABOUT 68 YEARS OCC: AGRICULTURIST R/O HOSAKOPPA VILLAGE HOLEHONNUR HOBLI BHADRAVATHI TALUK SHIVAMOGGA DISTRICT -577 227.

…PETITIONER

(BY SRI UMESH P B, ADVOCATE FOR SRI RAVINDRA B. DESHPANDE, ADVOCATE)

AND:

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

THE STATE OF KARNATAKA BY HOLEHONNUR POLICE STATION BHADRAVATHI SUB-DIVISION SHIVAMOGGA DISTRICT - 577 227.

(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001)

…RESPONDENT

(BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN CR.No.150/2025 (CC.No.5829/2025) OF HOLEHONNUR P.S., BHADRAVATHI TALUK, SHIVAMOGGA

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DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(1),103(1),127(1) R/W 35 OF BNS, 2023.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the petitioner -accused No.4

under Section 483 of BNSS praying to grant bail in Crime No.150/2025 of Holehonnur Police Station registered for offences punishable under Sections 103(1) and 3(5) of BNS.

Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent – State.

Learned counsel for the petitioner would contend

that the allegation of assault on the deceased is against accused Nos.1 and 2. The petitioner was not present on the spot at the time of the incident. The allegation against the petitioner is that he has given supari to accused No.3 and instructed accused Nos.1 and 2 to kill the deceased. There is no recovery from this petitioner. The consideration of supari

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has not been passed from this petitioner to accused No.3. Except, voluntary statements of accused persons, there is no other circumstances against this petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

Per contra , learned High Court Government Pleader for the respondent -State would contend that the offence alleged against the petitioner is heinous offence punishable with death or imprisonment for life. The petitioner has given supari to accused No.3 to kill the deceased. The accused No.3 engaged the accused Nos.1 and 2 to kill the deceased. The charge sheet materials show prima facie case against the petitioner for the offences alleged against him. With this, he prayed for dismissal of the petition.

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

The accusation in the charge sheet is that the deceased had illicit relationship with the second wife of the

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petitioner and the deceased was coming in the way of marriage of daughter of the petitioner. Therefore, petitioner gave supari to accused No.3 to kill the deceased. Accused No.3 in turn instructed accused Nos.1 and 2 to kill the deceased. Accused Nos.1 and 2 have killed the deceased by assaulting with knife when he was going for walking. The only allegation against this petitioner is that he gave supari to accused No.3 and instructed accused Nos.1 and 2 to kill the deceased. There is no recovery from this petitioner. There is no evidence regarding passing of supari amount from this petitioner to the accused No.3. The entire case of the prosecution is based on circumstantial evidence. The prosecution has to prove each of the circumstances at the time of trial. Considering the above aspects, the petitioner

has made out case for grant of bail with conditions.

In the result, the following

ORDER

i) The petition is allowed .

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ii) The petitioner is granted bail in Crime No.150/2025

of Holehonnur Police Station subject to following conditions.

a) The petitioner –accused No.4 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of jurisdictional Court.

b) The petitioner –accused No.4 shall not tamper the prosecution witnesses either directly or indirectly.

c) The petitioner –accused No.4 shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.

d) The petitioner –accused No.4 shall not involve in commission of any offence. If he is found involved in commission of offence, the prosecution is at liberty to move an application seeking cancellation of the bail granted to him.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP

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