Shivanna vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused No.9 under Section 483 of BNSS praying to grant bail in Crime No. 41/2025 of Batlahalli Police Station registered for the offences under Sections 126(2), 115(2), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 109, 103(1), 54, 61(2) r/w 190 of BNS.

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

Learned counsel for the petitioner would contend that no serious overt act is alleged against the petitioner. The allegation against the petitioner is abating the other accused to commit murder. The petitioner is in judicial custody since 18.10.2025 and as the charge sheet is filed, he is not required for custodial interrogation. The overt act of assault on the deceased and the injured is against accused Nos.1 to 6. The petitioner was not present on the spot at the time of incident. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

Per contra, learned HCGP would contend that the offence alleged against the petitioner is a heinous offence. The charge sheet material indicates prima-facie case against the petitioner for the offence alleged against him. With this, she prayed to reject the petition.

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

As per charge sheet, the case of the prosecution is that the accused persons had enmity with deceased Pratap, Lingammaiah and Mallesh. That on 13.04.2025 at about 06.30 p.m. accused Nos.1 to 6 along with Juvenile Devaraj forming unlawful assembly went near the house of CW3 and at that time, accused No.3 was talking with CW3. At that time, accused No.1 saw deceased - Pratap and abused him and he tried to assault said Pratap with knife and he escaped and at that time accused No.4 held deceased Pratap tightly with hands. At that time, accused No.1 assaulted with knife on the left side of chest and caused his death. At that time, CW.2 and Lingammaiah went there and at that time accused No.5 held Lingammaiah tightly and accused No.2 assaulted Lingammaiah on his stomach and right ankle and caused his death. Thereafter juvenile Devraj kicked CW.2. Accused No.6 held CW.2 tightly and accused No.3 assaulted CW2 with a knife on his stomach and caused injury.

Considering the above aspects, the petitioner/Accused No.9 was not present on the spot at the time of the incident. The allegation against the petitioner is that he has abated the other accused to commit the murder and assaulted the injured. No serious overt act is alleged against the petitioner. The petitioner is in judicial custody since 18.10.2025 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 aspect, the petitioner has made out case for grant of bail with conditions. In the result, the following:

ORDER

The petition is allowed. The petitioner is granted bail in Cr.No.41/2025 of Batlahalli Police Station, subject to following conditions:

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

(ii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

(iii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.