Sampath Kumar Vs the State of Karnataka

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1 - NC: 2026:KHC:10686 CRL.P No. 2157 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2157 OF 2026

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BETWEEN:

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SAMPATH KUMAR, S/O GANTLAPPA, AGED ABOUT 33 YEARS, R/AT NO. NIL, J.K.PURA VILLAGE, RAJUPETE ROAD, KYASAMBALLI HOBLI, KGF TALUK, KOLAR DISTRICT - 563 121.

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…PETITIONER

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(BY SRI. KIRANKUMAR H K, ADVOCATE)

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AND:

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Digitally signed by KAVYA R Location: High court of Karnataka

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THE STATE OF KARNATAKA, BY BAGALURU POLICE STATION, BENGALORE RURAL, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI.CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO. 38/2023, SESSIONS CASE NO-15032/2023, BAGALURU POLICE STATION FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302,

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NC: 2026:KHC:10686 CRL.P No. 2157 of 2026

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HC-KAR

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364 IPC PENDING ON THE FILE IN THE COURT OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SITTING AT DEVANAHALLI, OF, BENGALURU RURAL IN THE ABOVE CASE.

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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 S.C.No.15032/2023 pending before the

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Court of V Additional District and Sessions Judge, Devanahalli, arising out of Crime No.38/2023 registered by Bagalur Police Station, Bengaluru City, for offence punishable under Sections 302 and 364 of IPC is before this Court in this successive bail application filed under Section 483 of BNSS 2023 read with Section 439 of Cr.PC seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.38/2023 was registered by

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Bagalur Police Station, Bengaluru City, initially for offence punishable under Section 363 of IPC against the petitioner herein, based on the first information dated 21.02.2023 received from Praveen Kumar (CW.1) who is the father of

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HC-KAR

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deceased boy Chetan Reddy, who was aged about 13 years.

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During the course of investigation, petitioner was arrested on 06.03.2023 and remanded to judicial custody. After completing investigation charge sheet was filed against him for the aforesaid offences. His bail application filed before the Trial Court was rejected and therefore, he had approached this Court in Crl.P.No.9050/2024 which was dismissed as withdrawn on 17.09.2024 with liberty to the petitioner to renew his bail application after CW.1 to CW.5 are examined before the Trial Court. Thereafter, petitioner had filed a fresh bail application before the Trial Court in S.C.No.15032/2023 which was dismissed on 07.01.2026. It is under these circumstances, petitioner is before this Court.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner who has no other criminal antecedents is in

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HC-KAR

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custody for the last nearly three years. CW.1 to CW.6 have been examined before the Trial Court and thereby all the material charge sheet witnesses are now examined. Therefore, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition and submits that all the charge sheet witnesses examined till date have supported the case of the prosecution. The prosecution has collected the CCTV footage from the hostel which would go to show that petitioner had taken the victim boy along with him on 20.02.2023. Petitioner has kidnapped and committed murder of a minor boy and the allegation against the petitioner are grave in nature. Therefore, he prays to dismiss the petition.

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In the first information which was submitted on

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21.02.2023 by Praveen Kumar (CW.1), who is the father

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HC-KAR

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of the victim boy Chetan Reddy, it is stated that victim boy who was staying in Chakkanahalli Children Village Foundation Hostel studying in 5^th standard, who was taken out from the hostel by the petitioner on 20.02.2023 at about 04.35 p.m. was not brought back to the hostel. It is under these circumstances, FIR was registered against the petitioner in Crime No.38/2023 by Bagalur Police Station, Bengaluru City, for offence punishable under Section 363 of IPC. Subsequently, the dead body of deceased boy was recovered from a nearby lake.

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During the course of investigation, the petitioner was arrested on 06.03.2023 and the CCTV footage collected by the investigation officer from the hostel reflected that petitioner had taken the victim boy along with him on 20.02.2023 at about 04.35 p.m. and the said boy had not returned back to the hostel. In the charge sheet, it is alleged that petitioner and CW.1 were friends and petitioner used to often visit the house of CW.1. Petitioner had developed relationship with CW.10-

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HC-KAR

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Pushpavathi, who was the wife of CW.1. After CW.1 came

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to know about the same, he had quarreled with the petitioner and the marriage between CW.1 and CW.10 was dissolved by a decree of divorce. Thereafter, on 16.08.2021, petitioner had married CW.10 before the registrar of marriage at Bangarpet and they were living together. Subsequently, wife of the petitioner came to know about the marriage of the petitioner and CW.10 and in this background, there was a quarrel between petitioner and CW.10. Thereafter, CW.10 started residing separately and she avoided the petitioner. She also filed a criminal case against him for offence punishable under Sections 324 and 504 of IPC in Crime No.232/2022 before Bangarpete Police Station. It is in this background, petitioner developed a vengeance against CW.10.

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On 20.02.2023, he had gone to the hostel in

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which the victim boy who was the son of CW.1 and CW.10 was staying and had taken the victim boy along with him in his two wheeler on the pretext of providing him some

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HC-KAR

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eatables. At about 07.30 p.m. on the said day, he had pushed the victim boy to a lake at Ramapura within the jurisdiction of Kyasamballi Police Station and had committed his murder. Subsequently, the petitioner came back to his house and consumed poison. Therefore, he was shifted to P.E.S Hospital at Koppam for treatment.

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All the material charge sheet witnesses who have been examined till date by the prosecution have supported the case of the prosecution. Petitioner has committed a heinous offence of kidnapping and murdering a minor boy aged about 13 years. Incarceration of the petitioner cannot be a sole consideration to grant him bail. The gravity of offence committed by the petitioner and the background in which the said offence was committed by him cannot be lost sight off by this Court, while considering the plea of the petitioner to grant him bail. Under the circumstances, I am of the opinion that the prayer made by the petitioner in this successive bail

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