Sri Prabhakar Vs Sri Srinivasamurthy R — Murder and Culpable Homicide | Karnataka HC (2026)

Sri Prabhakar Vs Sri Srinivasamurthy R — Murder and Culpable Homicide | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None - petitions dismissed; petitioner remains free to place any future material of witness-tampering or destruction of prosecution evidence violating the bail conditions before the Court.

Issue for consideration

Whether the anticipatory bail granted to respondent No.1 (accused Nos.11 and 12) in Crl.Misc.Nos.733/2024 and 711/2024 should be cancelled on the ground of alleged violation of its conditions. +1 more

Court's answer

There is no violation or breach of the terms and conditions imposed in the anticipatory bail order; no material or document placed on record shows tampering of prosecution witnesses or destruction of evidence collected by the prosecution, hence no good ground or cogent reason is made out for cancellation of the bail.

Ratio / Principle

It becomes the duty of the petitioner-complainant seeking cancellation of bail to place sufficient cogent material or reasons showing willful default, breach and violation of the anticipatory bail conditions; this was neither divulged nor shown, and the petitions lack merit.

Key takeaways

Petitioner is at liberty to place before the Court any material showing tampering of witnesses or destruction of prosecution evidence collected, thereby violating the terms and conditions of the bail order, if any.obiter¶¶79

Detailed headnote1 paragraphs

Criminal Petition Nos. 93/2025 c/w 44/2025 (S.439(2) Cr.P.C / S.483(3) BNSS; NC: 2026:KHC:18549), High Court of Karnataka, 06-04-2026, Pradeep Singh Yerur J. The informant-complainant (complainant - witness No.1 in CC.No.334/2024; Crime No.72/2024, charges under Ss.143, 147, 148, 504, 323, 324, 307 r/w S.149 IPC, with Ss.302 and 114 IPC added after injured Keshavappa died in treatment; trial pending as SC.No.135/2024 before II Additional Civil District and Sessions Judge, Chitradurga) sought cancellation of anticipatory bail granted under S.438 Cr.P.C to respondent No.1 - accused Nos.11 and 12 (Sri Srinivasamurthy R, Crl.Misc.No.711/2024, order dt. 13.06.2024; Smt Veedavathi, Crl.Misc.No.733/2024, order dt. 19.06.2024) by the 1st Additional District and Sessions Judge, Chitradurga. Sole ground urged (per counsel): respondent No.1's subsequent involvement in proceedings under S.126 BNSS, 2023 before the Taluk Magistrate/Tahasildar, Hosadurga, amounting to breach of bail conditions (no tampering with prosecution witnesses/no destruction of evidence; address proof; liberty to seek cancellation on violation). Held (oral order): no violation or breach of the imposed conditions established; no material or document on record shows tampering of prosecution witnesses or destruction of prosecution evidence; the duty rests on the complainant seeking cancellation to show willful default, breach and violation, which was not divulged; at the present stage (charge sheet filed, listed for hearing before charge) no case for cancellation is made out. Petitions DISMISSED; petitioner left at liberty to place any future material of tampering/destruction of evidence before the Court. No precedents cited.