IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 13617 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. MR C MARTHANDA

S/O. CHANDRASHEKARA

AGED ABOUT 33 YEARS

R/AT No. 159, KOTEMAHAL ROAD

SHIDLAGHATTA TOWN AND TALUK

CHIKKBALLAPURA DISTRICT- 562 105.

Digitally signed by

LAKSHMINARAYANA …PETITIONER

MURTHY RAJAS HRI

Location: HIGH

COURT OF (BY SRI JAGADISH J R, ADVOCATE)

KARNATAKA

AND:

1. STATE OF KARNATAKA BY

S.H.O.SHIDLAGHATTA RURAL P.S..

SHIDLAGHATTA – 562 105.

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA

HIGH COURT BUILDING. BENGALURU - 560 001.

…RESPONDENT

(BY SMT. PUSHPALATHA B ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED

U/S 483 BNNS) PRAYING TO GRANT AN ORDER TO ENLARGE THE PETITIONER ON REGULAR BAIL IN FIR IN CRIME No.216/2025 REGISTERED BY SHIDLAGHATTA RURAL POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 302,

149 OF IPC ON THE FILE OF THE PRL.CIVIL JUDGE AND J.M.F.C AT SHIDLAGHATTA.

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 the petitioner -accused No.7 under Section 439 of Cr.P.C/483 of BNSS praying to grant bail in Crime No.216/2025 of Shilagatta Rural Police Station registered for offences punishable under Sections

363, 302, 149 IPC.

2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State.

3. Learned counsel for the petitioner would contend that the allegation against the petitioner is that conspiracy to kill the deceased and shifting of the dead body to Tamil Nadu. The allegation of killing the deceased is not against this petitioner and it is against accused Nos.1 to 6. The petitioner is in judicial custody since 12.08.2025 and therefore, he is not required for further custodial interrogation. There are no criminal antecedents of this petitioner. With these, he prays to allow the petition and grant bail to the petitioner –accused No.7.

4. Per contra, learned Additional SPP for the respondent -State would contend that the petitioner conspired with the other accused to kill the deceased. Accused Nos.1 to 6 have killed the deceased and he helped with other accused in transporting 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, remand application 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 Investigating Officer has secured accused Nos.5 to 7 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 in murder of deceased. The accusation against this petitioner is conspiracy to kill the deceased and shifting the dead body to Tamil Nadu. There are no criminal antecedents of this petitioner. As the petitioner is in judicial custody since 12.08.2025, he is not required for custodial interrogation. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

7. In the result, the following ORDER i) The petition is allowed.

ii) The petitioner is granted bail in Crime No.

216/2025 of Shidlagatta Rural Police Station subject to following conditions;

a) The petitioner –accused No.7 shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court;

b) The petitioner –accused No.7 shall not tamper the pro