IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13117 OF 2025 BETWEEN:

1. SRI HARISH KUMAR ALIAS HARISH @ APPLE, @ MAMAIAH S/O NARAYANASWAMY @ MAMAIAH AGED ABOUT 30 YEARS R/AT 1^ST WARD, C.R.LAYOUT SIDLAGHATTA TOWN - 562 105.

2. SRI DIWAKAR @ DIVI S/O RAMAMURTHY AGED ABOUT 27 YEARS R/AT 2^ND WARD BHOVI ROAD K.K.PETE, SIDLAGHATTA TOWN - 562 105.

3. RANJITH KUMAR @ RAINA Digitally signed by @ EGG RICE RANJITH LAKSHMINARAYANA MURTHY RAJA SHRI S/O NARAYANASWAMY Location: HIGH AGED ABOUT 30 YEARS COURT OF KARNATAKA R/AT 2^ND WARD BHOVI ROAD (TMC)

SIDLAGHATTA TOWN – 562 105.

…PETITIONERS (BY SRI ABHILASH KUMAR M. N., ADVOCATE FOR SRI NANJUNDA GOWDA M. R., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY SIDLAGHATTA RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001.

…RESPONDENT (BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.216/2025 OF SHIDALAGATTA P.S. AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S 363, 302, 120B R/W 149 OF IPC NOW PENDING ON THE FILE OF PRL.CIVIL JUDGE (SR.DN) AND C.J.M COURT, SHIDLAGATTA CHIKKABALLAPURA DISTRICT.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused Nos.5, 6 and 8 under Section 483 of BNSS praying to grant bail in Crime No.216/2025 of Shidlagatta Police Station registered for offences punishable under Section 364, 302, 120-B read with Section 149 of IPC.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

3. Learned counsel for the petitioner would contend that accused No.7 has been granted bail by this Court in Crl.P.No.13617/2025 by order dated 03.11.2025. Petitioners have been arrested and their voluntary statements have been recorded. At present, except voluntary statements, there are no other materials against petitioners. Accused Nos.1 and 3 have been granted bail by Sessions Court, Krishnagiri and accused Nos.2 and 4 have been granted bail by High Court, Madras. There is no basis for implicating these petitioners in the crime and arrest them. Petitioners have not been taken to police custody for interrogation. The petitioners are in judicial custody since 11.08.2025. Therefore, they are not required for further custodial interrogation. With this, he prays to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent –State would contend that petitioners and other accused conspired to kill the deceased. Accused Nos.1 to 6 have kidnapped the deceased and killed him and with the assistance of other accused they transported the dead body from Karnataka to Tamil Nadu. The investigation is in progress. With this, she prayed for dismissal of the petition.

5. Having heard learned counsels, this Court has perused FIR complaint and other materials placed on record.

6. After receipt of papers from Thali Police Station, Krishnagiri District, Tamil Nadu, the FIR has been registered against accused Nos.1 to 6. The investigation officer has secured accused Nos.5 to 8 and recorded their voluntary statements. As per their voluntary statements, accused Nos.1 to 10 conspired to kill the deceased. Accordingly, accused Nos.1 to 6 kidnapped the deceased in Santro car, took him to Hosakote –Malur road and assaulted him with clubs and killed him. Thereafter, accused Nos.1 to 10 shifted the dead body to Tamil Nadu as per plan of accused No.9. Considering the above aspects, there is no role of this petitioner No.3/accused No.8 in murder of the deceased. Except voluntary statements of petitioner Nos.1 and 2 -accused Nos.5 and 6, at present there are no other circumstances. Petitioners have not been taken to police custody for interrogation and they are in judicial custody s