Petitioner sought bail in a murder case alleging hostile eyewitnesses and delay in recording the injured witness's statement. The court held that the injured witness P.W.2 supported the prosecution, the offence was punishable with death or life imprisonment, and there was risk of witness tampering. Bail petition dismissed.
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NC: 2026:KHC:8655 CRL.P No. 10023 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10023 OF 2025 (439(Cr.PC) / 483(BNSS))
BETWEEN:
SRI. BHARATH @ SAHUKAR S/O SURESH AGED ABOUT 26 YEARS R/O NO.313, 5TH CROSS SWARNASANDRA MANDYA- 571 401
…PETITIONER
(BY SRI. CHETHAN B, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
THE STATE BY MANDYA EAST POLICE STATION MANDYA-571 401 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001
…RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.05/2025 (CR.NO.50/2024) REGISTERED BY THE RESPONDENT MANDYA EAST POLICE MANDYA FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 324, 307, 302, 212, 504, 34
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OF THE I.P.C, ON THE FILE OF THE II ADDL. DISTRICT AND SESSION COURT AT MANDYA.
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.1
under Section 483 of BNSS praying to grant bail in S.C.No.5/2025 arising out of Crime No.50/2024 of Mandya
East Police Station registered for offences punishable under Sections 324, 307, 302, 212, 504, 34 IPC pending on the file of II Additional District and Sessions Court, Mandya.
learned High Court Government Pleader for the respondent –State.
contend that the trial has been commenced and C.W.1 to C.W.7 have been examined as P.W.1 to P.W.7. C.W.3 to C.W.6 have been examined who are stated to be
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eyewitnesses have not supported the case of the prosecution. FIR has been registered against accused Nos. 1, 2, Manu and four others. The said complaint has been filed on the basis of the statement given by C.W.2 -injured who is eye witness to the incident and brother of the deceased. The said Manoj has not been charge sheeted. The C.W.2 is also having criminal antecedents and involved in several cases in Mandya. Even though the incident has taken place on 09.04.2024, the statement of C.W.2 has been recorded on 26.05.2024 and there is delay in recording the said statement. Material witnesses have been examined. Considering the said aspect, the petitioner is entitled for grant of bail. With this, he prays to allow the petition.
acts of this petitioner assaulting the deceased with deadly weapon. The post mortem report indicates that cause of
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death is due to head injury. The assault by this petitioner –accused No.1 is with deadly weapon on the head of the deceased. C.W.2 who has sustained severe injuries took treatment in the hospital and after discharge, his statement has been recorded. C.W.2 has been examined
as P.W.2 and he has supported the case of the prosecution. The prosecution has to examine remaining witnesses. If the petitioner is granted bail, there are chances of him threatening the other witnesses and flee from justice. Offence alleged against the petitioner is punishable with death or imprisonment for life. With this, he prayed to reject the petition.
perused the charge sheet and other materials placed on record.
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been registered in Crime No.40/2023 in Mandya East Police Station for offence punishable under Section 307 of IPC and other offences. In that regard, accused No.1 had grudge against the deceased-Akshay Gowda. That on 09.04.2024 at about 11.20 p.m., accused No.1 assaulted with long chopper on the head of the deceased -Akshay Gowda and deceased fell on the ground and accused No.2 assaulted C.W.2 with long chopper on his left side of face and chest and caused severe injuries.
of the prosecution is not ground for grant of bail. The prosecution has to examine the other witnesses. P.W.2 –
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C.W.2 is injured has supported the case of the
prosecution. The offence alleged against the petitioner is heinous offence punishable with death or imprisonment for life. If the petitioner is granted bail, there are chances of he tampering the other prosecution witnesses and flee from justice.
has not made out any grounds for grant of bail and in the result of petition is dismissed.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP
List No.: 2 Sl No.: 1
1 issue framed by the court
Whether the petitioner accused No.1 is entitled to regular bail in a murder case where eyewitnesses C.W.3 to C.W.7 turned hostile but the injured eye witness supported the prosecution.
3 provisions across 3 enactments
Sri. Bharath @ Sahukar
The State by Mandya East Police Station represented by State Public Prosecutor
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
