IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17332 OF 2025 [(439(Cr.PC) / 483(BNSS)-)

BETWEEN:

GANAPATHY P.M. S/O MONNAIAH, AGED ABOUT 44 YEARS, R/AT CHOWDLU VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT - 571 236.

…PETITIONER (BY SRI. PRASANNA D.P., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY SOMWARPET POLICE STATION, REP BY SPP, HIGH COURT COMPLEX, BENGALURU - 560 001.

Digitally signed by …RESPONDENT LAKSHMINARAYANA MURTHY RAJASHRI (BY SRI. M.R. PATIL, HCGP)

Location: HIGH COURT OF KARNATAKA THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S

483 BNSS) PRAYING TO RELEASE HIS ON BAIL IN S.C.NO.89/2025 ARISING OUT OF CRIME NO.80/2025 OF SOMWARPET POLICE STATION, KODAGU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 238(A), 61(2)(a), 103(1) READ WITH 3(5) OF BNS, 2023, PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU, AT MADIKERI.

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.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.89/2025 (arising out of Crime No.80/2025 of Somwarpet Police Station), pending on the file of I Additional District and Sessions Judge, Kodagu-Madikeri, registered for offences punishable under Sections 238(A), 61(2)(a) and 103(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

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

3. Learned counsel for petitioner would contend that, there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. The motive is by accused Nos.1 and 3 to kill the deceased as the deceased who had illicit relationship with accused No.3 - wife of accused No.1. In spite of she leaving him, he was coming in her way and therefore accused Nos.1 to 3 conspired to kill the deceased. There is a seizure of gun and rope at the instance of the petitioner. The case of the prosecution is based on circumstances evidence and the prosecution has to prove each of the circumstances at trial. The petitioner is in judicial custody since 18.05.2025 and as the charge sheet filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent would contend that, the offence alleged against the petitioner is a heinous offence. The charge sheet materials show that, there is a prima-facie case against the petitioner.

With these, he prayed for dismissal of the petition.

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

6. This Court while granting bail to accused No.3 in the order dated 14.10.2025 passed in Criminal Petition No.12107/2025 has observed as under:

"7. On perusal of column No.17 of the charge sheet, the allegation against the petitioner/accused No.3 is that she conspired with accused Nos.1 & 2 to kill the deceased. In furtherance of the said conspiracy, the petitioner/accused No.3 on 09.05.2025, made a whatsapp call to the deceased and secured him near her house at 9.00 p.m. and took him in the car near the cement factory and from there, both went to the place where accused No.2 was holding SBBL gun and he abused the deceased and deceased started running from that place. That accused No.2 fired the gun in the air, accused No.1, who was holding club hiding near the place made the deceased to fall and assaulted him with the iron chopper on his neck twice and accused No.2 took the said iron chopper from accused No.1 and assaulted the deceased on his neck, head and accused No.1 assaulted the deceased on his head and other parts and due to the said i