Allowed

Bhaskara v. Vs State by Bethamangala Station

Karnataka HC16 Sept 2026CRL.P/12541/2026

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a successive bail application in a murder case under BNS 2023 after all material charge-sheet witnesses (PW-1 to PW-4) turned hostile during trial. The earlier bail application had been rejected on the ground of eyewitnesses, but the prosecution did not dispute that those witnesses had now turned hostile. The petitioner, with no criminal antecedents, was granted bail on standard conditions including a personal bond of Rs.1,00,000 with two sureties.

What did the court decide?

Petitioner enlarged on bail in Special Case No.171/2025 upon executing personal bond of Rs.1,00,000 with two sureties of like amount, subject to standard conditions.

Bhaskara v Vs State by Bethamangala Station — Murder and Culpable Homicide | Karnataka HC (2026)

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HC-KAR NC: 2026:KHC:50372 CRL.P No. 12541 of 2026

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CNR: KAHC010569392026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12541 OF 2026

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BETWEEN:

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BHASKARA V S/O VENKATESHAPPA, AGED 29 YEARS, R/AT VENKATAPURA VILLAGE, BETHAMANGALA HOBLI, K.G.F TALUK, KOLAR DISTRICT - 563 101.

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…PETITIONER (BY SRI. GUNASHEKAR S., ADVOCATE) AND:

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Digitally signed by ANNAPURNA G Location: High Court of Karnataka

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STATE BY BETHAMANGALA STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K., HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.58/2025 (SC.NO.171/2025) FOR THE OFFENCES P/U/S 103(1), 109, 351(2) OF BHARATIYA NYAYA SANHITA, 2023, ON THE FILE OF BETHAMANGALA POLICE, PENDING ON THE FILE OF HONBLE III ADDL.

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2 - NC: 2026:KHC:50372 CRL.P No. 12541 of 2026

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HC-KAR

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CNR: KAHC010569392026

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DISTRICT AND SESSIONS JUDGE, AT KOLAR (SITTING AT KGF).

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Special Case No.171/2025 pending before the Court of the III Additional District and Sessions Judge, Kolar (sitting at KGF) arising out of Crime No.58/2025 registered by Bethamangala Police Station, KGF for the offences punishable under Sections 103(1), 109, 351(2) of BNS, 2023, is before this Court in this successive bail application filed under Section 483 of BNSS 2023 seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.58/2025 was registered by

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Bethamangala Police Station, KGF for the aforesaid offences against the petitioner herein, based on the first

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3 - NC: 2026:KHC:50372 CRL.P No. 12541 of 2026

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HC-KAR

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CNR: KAHC010569392026

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information dated 08.05.2025 received from Babu Reddy (CW-1), who is the injured eyewitness in the present case. During the course of investigation, the petitioner was arrested on 09.05.2025 and remanded to judicial custody. His bail application filed before the Trial Court was rejected and therefore he had earlier approached this Court in Crl.P.No.16325/2025 which was dismissed on 25.02.2026. It is under these circumstances, the petitioner is before this Court in this successive bail application.

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Learned counsel for the petitioner submits that the petitioner's earlier bail application was rejected on the ground that there were eyewitnesses to the alleged incident in question. All the material charge sheet witnesses have now turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition.

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Per contra , learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner.

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4 - NC: 2026:KHC:50372 CRL.P No. 12541 of 2026

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HC-KAR

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CNR: KAHC010569392026

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It is the case of the prosecution that on

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07.05.2025 at about 8.00 p.m., when the petitioner was consuming alcohol in a bar and restaurant along with his friends CW-5 to CW-7, deceased Nandish came there. Subsequently, there was a quarrel between the petitioner and the deceased Nandish. The petitioner allegedly assaulted deceased Nandish with his hands. CW-1, CW-3, CW-5, CW-6 and CW-7 pacified the said quarrel. Thereafter, the petitioner went to his house, brought a knife and when deceased Nandish came out of the bar and restaurant at about 8.30 p.m., allegedly assaulted him with the said knife and committed his murder.

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CW-1 is the injured eyewitness to the incident in question, and CW-2 to CW-4 are the eyewitnesses to the same. CW-1 to CW-4 are now examined before the Trial Court as PW-1 to PW-4. The submission made by the learned counsel for the petitioner that PW-1 to PW-4 have turned hostile to the case of the prosecution is not seriously disputed by the learned High Court Government

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HC-KAR

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NC: 2026:KHC:50372 CRL.P No. 12541 of 2026

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CNR: KAHC010569392026

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Pleader. As on this date, all the material charge sheet witnesses have already been examined. The petitioner has no other criminal antecedents. Accordingly, the following:

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O R D E R

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i) The Criminal Petition is allowed .

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ii) The petitioner is directed to be enlarged on bail in Special Case No.171/2025 pending before the Court of the III Additional District and Sessions Judge, Kolar (sitting at KGF) arising out of Crime No.58/2025 registered by Bethamangala Police Station, KGF for the offences punishable under Sections 103(1), 109, 351(2) of BNS, 2023, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial

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NC: 2026:KHC:50372 CRL.P No. 12541 of 2026

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HC-KAR

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CNR: KAHC010569392026

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Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/-

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(S VISHWAJITH SHETTY) JUDGE

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SHS List No.: 1 Sl No.: 59

Bhaskara v. Vs State by Bethamangala Station

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Bhaskara v. Vs State by Bethamangala Station

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