Santhosh K Vs State of Karnataka

S/O CHANDRANAIK AGED ABOUT 25 YEARS R/AT KARAKUCHI A COLONY VILLAGE LAKKAVALLI HOBLI, TARIKERE TALUK CHIKKAMAGALURU - 577 128 (NOW IN JUDICIAL CUSTODY)

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…PETITIONERS

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(BY SRI N. NANDAN, ADV.)

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA BY LAKKAVALLI POLICE STATION CHICKMAGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI VINAY MAHADEVAIAH, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.66/2025 (CC.NO.1532/2025) REGISTERED BY LAKKAVALLI P.S., CHIKKAMAGALURU DISTRICT, FOR THE OFFENCES P/US 126(2),49,103(1) R/W 3(5) OF BNS, 2023, PENDING BEFORE THE

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HC-KAR

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NC: 2026:KHC:37236 CRL.P No. 8485 of 2026

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CNR: KAHC010401142026

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ADDL. DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU IN SC.NO.5/2026.

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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 nos.1 & 2 in S.C.No.5/2026 pending before the Court of II Addl. District & Sessions Judge, Chikkamagaluru, arising out of Crime No.66/2025 registered by Lakkavalli Police Station, Chikkamagaluru District, for the offences punishable under Sections 126(2), 49, 103(1) read with 3(5) of BNS, 2023, are before this Court in this petition 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.66/2025 was registered by Lakkavalli Police Station, Chikkamagaluru District, for the aforesaid offences against the petitioners herein and others based on the first information dated 08.08.2025 received from Nagaraj - father of deceased Charanaraj. In the said case, petitioners were arrested on 09.08.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against four

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3 - NC: 2026:KHC:37236 CRL.P No. 8485 of 2026

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HC-KAR

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CNR: KAHC010401142026

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persons and petitioners herein are arrayed as accused nos.1 & 2 in the charge sheet. Their bail application filed before the Trial Court in S.C.No.5/2026 was rejected on 16.04.2026. Therefore, they are before this Court.

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Perusal of the material on record would go to show that deceased Charanaraj is the son of the first informant. The sister of accused no.1 was married to Charanaraj. On the allegation that he had committed murder of his wife - Megha who was the sister of accused no.1, Charanaraj was arrested by Lakkavalli Police in Crime No.44/2024 and subsequently released on bail. The allegation against the accused persons is, that after Charanaraj was released on bail, accused no.1 had conspired with his friends accused nos.2 to 4 to commit the murder of Charanaraj and on 08.08.2025 at about 7.00 p.m., the accused persons had intercepted the motor bike of Charanaraj and committed his murder. The allegation of assaulting Charanaraj with machete is found in the charge sheet as against accused nos.1 & 2. However, there is no direct evidence to show that it was accused nos.1 & 2 who had assaulted Charanaraj with the deadly weapon.

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HC-KAR

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NC: 2026:KHC:37236 CRL.P No. 8485 of 2026

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CNR: KAHC010401142026

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CW-15 & CW-16 are said to be the persons who had seen accused persons running away from the spot of crime. According to these witnesses, accused no.1 was holding a machete in his hand. Learned Counsel for the petitioner has submitted that there is discrepancy in the statement of these witness, and therefore, it is difficult to believe that they had seen accused persons running from the spot of crime.

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Be that as it may, the fact remains that there is no direct evidence to show that it was accused nos.1 & 2 who had assaulted the deceased with weapons. Accused no.3 has been granted regular bail by this Court in Crl.P.No.16701/2025 disposed of on 27.01.2026 and accused no.4 has been granted anticipatory bail in Crl.P.No.14849/2025 disposed of on 10.12.2025.

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It is not in dispute that petitioners do not have any criminal antecedents. The material on record would go to show that as against the deceased, there were multiple criminal cases pending and he was also facing trial in cases registered under the provisions of POCSO Act and under Section 302 IPC.

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5 - NC: 2026:KHC:37236 CRL.P No. 8485 of 2026

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HC-KAR

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CNR: KAHC010401142026

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Investigation of the case is now completed and charge sheet is filed. Trial in the case is yet to commence and it is brought to the notice of this Court that charges have not been framed in S.C.No.5/2026. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

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The petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.5/2026 pending before the Court of II Addl. District & Sessions Judge, Chikkamagaluru, arising out of Crime No.66/2025 registered by Lakkavalli Police Station, Chikkamagaluru District, for the offences punishable under Sections 126(2), 49, 103(1) read with 3(5) of BNS, 2023, subject to the following conditions:

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

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

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HC-KAR

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NC: 2026:KHC:37236 CRL.P No. 8485 of 2026

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CNR: KAHC010401142026

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

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

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

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KK

Santhosh K v. State of Karnataka

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Santhosh K v. State of Karnataka

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