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. 13836 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. VINAYAKA @ VINAY SON OF PARAMESHA NAIK AGED ABOUT 25 YEARS RESIDING AT HONNURU GOLLARAHATTI DAVANAGERE TALUK DISTRICT.

PRESENTLY RESIDING AT SARASWATI BADAVANE DABA STOP 1^ST MAIN, 2^ND CROSS DAVANAGERE – 577 002.

…PETITIONER (BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY PSI Digitally signed by VIDYANAGARA POLICE LAKSHMINARAYANA MURTHY RAJAS HRI DAVANAGERE Location: HIGH DAVANAGERE DISTRICT COURT OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

…RESPONDENT (BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P FILED UNDER SECTION 439 Cr.PC (FILED U/S

483 BNSS) PRAYING TO ALLOW THE PETITION THEREBY GRANTING REGULAR BAIL TO THE PETITIONER / ACCUSED No.15 IN SPL.CASE No.346/2025 (CR.No.103/2025 OF VIDYANAGAR P.S. ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE AT DAVANAGERE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS

189(2),190,191(2),191(3),61(2) OF BNS 2023.

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 No.15 under Section

483 of BNSS praying to grant bail in Spl.Case No.346/2025 (Crime No.103/2025 of Vidyangar Police Station, Davanagere) pending on the file of II Additional District and Sessions Judge, Davanagere registered for offences punishable under Sections 189(2), 190, 191(2), 191(3), 61(2) of BNS.

2. Heard learned counsel for petitioner and learned HCGP for respondent/State.

3. Learned counsel for petitioner would contend that the accusation against this petitioner as per charge sheet is that he conspired with accused Nos.1, 2, 16 and 17 to kill deceased Santhosh Kumar @ Kanuma. There is no allegation against this petitioner committing murder of deceased. The petitioner was not present even on the spot at the time of the incident. The allegation of committing murder is against accused Nos.1 to 6 and 7 to 10. As the charge sheet is filed, the petitioner is not required for the custodial interrogation. There are no criminal antecedents of the petitioner. With these he prayed to allow the petition.

4. Per contra, learned HCGP would contend that this petitioner along with accused Nos.1, 2, 16 and 17 conspired to kill the deceased. In furtherance of the said conspiracy, accused Nos.1 to 10 committed murder of the deceased. The charge sheet materials show prima-facie case against the petitioner for offences alleged against him. With these, she prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

6. As per the charge sheet, the accusation against accused Nos.12 to 20 is committing offences punishable under Sections 61(2), 189(2), 191(2), 191(3) read with 190 of BNS. On reading of column 17 of the charge sheet, the accusation against this petitioner is conspiracy along with accused Nos.1, 2, 16 and 17 to kill deceased Santhosh Kumar @ Kanuma. The petitioner has not participated in commission of murder of the deceased. The petitioner is in custody since 12.05.2025 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following:

ORDER Petition is allowed. The petitioner is granted bail in Spl.Case.No.346/2025 (Crime No.103/2025 of Vidyanagar Police Station) pending on the file of II Additional District and Sessions Court, Davanagere, subject to following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court.

(ii) The petitioner s