Vamshi Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2026)

Vamshi Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitioner directed to be enlarged on regular bail in S.C.No.64 of 2025 (Crime No.41 of 2025, Batlahalli Police Station) subject to: (a) personal bond of Rs.1,00,000 with two sureties for the likesum to the satisfaction of the jurisdictional Court; (b) regular appearance on all hearing dates before the Trial Court unless exempted for valid reasons; (c) not directly or indirectly threatening or tampering with prosecution witnesses; (d) not involving in similar offences in future.

Issue for consideration

Whether the petitioner, arraigned as accused no.4 in S.C.No.64 of 2025 (Crime No.41 of 2025, Batlahalli Police Station) for offences under BNS, 2023, should be enlarged on regular bail.

Court's answer

Even according to the prosecution, the only allegation against the petitioner is that he caught hold of deceased Prathap so as to enable accused No.1 John Babu to assault the deceased; it is not the prosecution case that the petitioner was holding any weapon when he arrived at the spot.

Ratio / Principle

The petitioner has no other criminal antecedents, is a married man having a small child, has been in custody for more than one year, and accused nos.7 to 9 have already been granted regular bail by the jurisdictional Sessions Court.

Key takeaways

In these circumstances, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, and the petitioner is directed to be enlarged on bail subject to conditions.ratio¶44

Detailed headnote1 paragraphs

Bail - Regular bail under Section 483 BNSS in case of offences punishable under Sections 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) r/w Section 190, BNS 2023 (S.C.No.64/2025, Crime No.41/2025, Batlahalli Police Station) - Petitioner was accused no.4; stabbing of deceased Prathap and Lingamaiah alleged only against accused nos.1 and 2 - Petitioner's sole alleged role was to catch hold of the deceased to enable accused no.1 to stab him; prosecution did not allege he held any weapon - Petitioner married with a small child, no other criminal antecedents, in custody over one year - Co-accused nos.7 to 9 already granted regular bail by the jurisdictional Sessions Court (parity) - Trial Court bail application (Crl.Misc.No.314/2025) rejected 30.10.2025 - Bail granted on personal bond of Rs.1,00,000 with two sureties, subject to conditions of regular appearance, non-tampering with prosecution witnesses and non-involvement in similar offences.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JUNE, 2026 BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 17210 OF 2025

BETWEEN:

VAMSHI S/. ESHWARAPPA AGED ABOUT 23 YEARS R/AT, BATLAHALLI VILLAGE MURGAMALL HOBLI CHINTHAMANI TALUK CHIKKABALLAPURA DISTRICT - 563 123.

…PETITIONER

(BY SRI RAMA MURTHY N, ADV.)

AND:

STATE OF KARNATAKA R/BY BATLAHALLI POLICE STATION THROUGH STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.

…RESPONDENT

Digitally signed by NANDINI M S

Location: HIGH COURT OF KARNATAKA

(BY SRI RANGASWAMY R, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN C.C. NO. 108/2025 (CRIME NO. 41 OF 2025) REGISTERED BY RESPONDENT POLICE BATLAHALLI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 126(2) 115(2) 118(1) 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) R/W SECTION 190 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023. PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND JMFC, CHINTAMANI.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

Accused no.4 in S.C.No.64 of 2025 pending before the Court of II Addl. District and Sessions Judge, Chikkaballapura (sitting at Chintamani) arising out of Crime No.41 of 2025 registered by Batlahalli Police Station for offences punishable under Sections 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) r/W Section 190 of BNS, 2023 is before this Court under Section 483 of 2023 seeking regular bail.

Heard the learned counsel for the petitioner and learned HCGP on behalf of the respondent - State.

FIR in crime No.41 of 2025 was registered by Batlahalli Police Station, Chikkaballapura initially for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54 & 190 of BNS, 2023 against Jhon Babu and others based on the first information dated 13.04.2025 received from Sri Ganganna, who is the uncle of deceased Prathap. In the said case the petitioner, who was arraigned as accused no.4 in the FIR was arrested during the

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course of investigation on 16.04.2025 and remanded to judicial custody . After completing investigation, charge sheet has been filed in the present case as against 9 accused persons and the petitioner is arraigned as accused no.4 in the charge sheet. His bail application filed before the trial Court in Crl.Misc.No.314 of 2025 was rejected on 30.10.2025. It is under these circumstances, petitioner is before this Court.

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, petitioner is a married man having a small child. The only allegation against the petitioner is that he had caught hold of deceased Prathap, who was stabbed by accused no.1. He submits that the petitioner has no other criminal antecedents. He also submits that accused nos.7 to 9 have been enlarged in bail in the present case. Accordingly, he prays to allow the petition.

Per contra, learned HCGP, who has opposed the petition submits that CW2 is the injured eye witness in the present case and CWs.3 to 10 are also eye witnesses. He submits that the petitioner had caught hold of deceased Prathap so as to enable accused no.1 to stab him. Therefore, it

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is apparent that the petitioner has participated in the crime . Accordingly, he prays to dismiss the petition.

Perusal of the material on record would go to show that, there is a dispute between CW4, his family members and the accused persons with regard to pathway near their house. In this background, they had fought against each other and criminal cases were registered earlier before the jurisdictional police. According to the prosecution, accused persons therefore had vengeance against CW4 and his family members. On 08.03.2025 at about 10.30 p.m, in front of the house of accused no.6 Vijay, all the accused persons had gathered and had conspired to commit the murder of Prathap, Mallesh and Lingamaiah. In furtherance of such a conspiracy, on 13.04.2025 at about 6.30 p.m, accused persons formed an unlawful assembly and went near the house of CW3 and quarreled with Prathap. When accused No.1 tried to stab Prathap with a knife, he tried to escape. The petitioner, who was present there allegedly caught hold of Prathap and accused No.1 stabbed Prathap with a knife on the left side of his chest and caused injury. At that time, CW2 - Sagar and Lingamaiah

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tried to intervene. Accused No.5 Sainatha caught hold of Lingamaiah and accused No.2 Mahimaraju stabbed Lingamaiah with a knife. Thereafter, accused no.2 also allegedly assaulted CW2 Sagar with the very same knife. As a result of the said assault, injured Prathap and Lingamaiah had died at the spot and injured Sagar (CW2) was immediately shifted to hospital.

According to the prosecution, CWs-2 to 10 are the alleged eye witnesses in the present case. Even according to the case of the prosecution, allegation of stabbing deceased Prathap and Lingamaiah is only as against accused nos.1 and 2. The allegation of stabbing injured Sagar (CW2) is also as against accused No.2. Insofar as the petitioner is concerned the only allegation against him is that he had caught hold of deceased Prathap so as to enable accused No.1 John Babu to assault the deceased. It is not the case of the prosecution that the petitioner was holding any weapon when he arrived at the spot of incident. Undisputedly, there is ill-will between two parties and multiple cases are filed between them even earlier to the incident in question. The petitioner is a married person having a small child. Undisputely, he has no other criminal

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antecedents. He is in custody for the last more that one year. Accused Nos.7 to 9 in the present case have been granted regular bail by the jurisdictional Sessions Court. Under these circumstances, I am of the opinion that, the prayer made

by the petitioner for grant of regular bail needs to be answered affirmatively.

8. Accordingly, the following:

ORDER

The petitioner is directed to be enlarged on bail

S.C.No.64 of 2025 pending before the Court of II Addl. District and Sessions Judge, Chikkaballapura (sitting at Chintamani) arising out of Crime No.41 of 2025 registered by Batlahalli Police Station for offences punishable under Sections 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) r/w Section 190 of BNS, 2023, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One

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Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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

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

Sd/(S VISHWAJITH SHETTY)

JUDGE

NMS

List No.: 1 Sl No.: 68