Vishwanatha @ Vishwa & Ors vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused Nos.5, 7 and 11 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.105/2025 (Crime No.415/2024 of Bharamasagara Police Station), registered for offences punishable under Sections 191(2), 191(3), 190, 352, 351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2), 189(2), 189(4) and 329(4) of Bharatiya Nyaya Sanhita, 2023, pending on the file of Special II Additional District and Sessions Judge, Chitradurga.

Heard learned Senior Counsel for petitioners and learned High Court Government Pleader for respondent - State.

Learned Senior Counsel for petitioners would contend that, accused Nos.1 to 3 have been granted bail by this Court in Criminal Petition No.503/2025 and Criminal Petition No.12594/2025. The petitioners are also similarly placed to that of those accused persons who have been granted bail and therefore they are entitled for grant of bail on the ground of parity. On these grounds, he prayed to allow the petition.

Per contra, learned High Court Government Pleader for respondent would contend that, the serious overtact of assault is alleged against the petitioners. There are eyewitnesses to the incident. The charge sheet materials show that, there is a prima-facie case against the petitioners for offences alleged against them. The offences alleged against the petitioners are punishable either with death or imprisonment for life. With these, he prayed for dismissal of the petition.

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

This Court while granting bail to accused Nos.1 and 3 passed in Criminal Petition No.12594/2025 by order dated 12.11.2025 has observed as under:

"7. The case of the prosecution is that deceased Manjunath has enticed CW.17, the daughter of accused Nos.1 and 2 and married her on 07.10.2024 and therefore, all the accused are angry with the same and intended to take revenge against the deceased and his parents. The accused persons on 27.11.2024 went to the house of the deceased, holding weapons. Accused Nos.5 and 11 holding wooden repiece entered the house of deceased Manjunath and assaulted deceased Manjunath and dragged him outside the house. Accused No.11 with wooden repiece and crowbar, accused No.2 with size stone, iron chain and chappal, accused No.5 with wooden repiece, accused No.7 with wooden repiece, accused No.3 with iron crowbar, accused No.1 with machete, size stone and crowbar, accused No.13 with wooden repiece, accused No.14 with hands and legs, accused Nos. 6, 8 with hands and legs, accused Nos.9 and 10 with cart peg, hands and legs, accused Nos. 4, 12 and 15 assaulted deceased with hands. All abused the deceased and CWs.1 and 2 and assaulted them on their body and head with an intention to kill them. Deceased - Manjunath has sustained severe injuries and he died on the way to hospital. CW1 and CW2 have sustained grievous injuries. The deceased was aged 40 years as on the date of the incident and CW.17 was the daughter of accused Nos.1 and 2 and was aged 19 years. The deceased enticed CW.17 and married her. Deceased - Manjunath was accused in S.C.No.41/2020 and he has been convicted for offence under Section 306 of IPC and sentenced to undergo imprisonment for 6 years and fine of Rs.10,000/- by judgment dated 23.01.2024. The charge against the deceased in the said case was that his wife Shilpa committed suicide by hanging and this deceased has abetted his wife to commit suicide. The marriage of deceased with the said Shilpa was love marriage. Considering the said aspect, learned Senior counsel for the petitioners submits that deceased was in the habit of enticing girls and marrying them and subsequently, torturing them.

Accused No.2 is mother of CW17 and wife of accused No.1 and she has been granted bail in Crl.P.No.503/2025 by order dated 12.02.2025. The accusation against accused No.2 is that she assaulted deceased with size stone on his head and caused injury. The accusation against the petitioners/accused No.1 and accused No.3 is that accused No.1 assaulted with machete, size stone and crowbar, accused No.3 assaulted with a crowbar. Petitioners/accused Nos.1 and 3 herein are similarly placed to that of accused No.2, who has been granted bail. On perusal of the charge sheet there are 79 witnesses cited as charge sheet witnesses. The petitioners are in judicial custody since 30.11.2024. Considering the number of witnesses, the trial will take considerable time. The petitioners have undertaken to appear before the trial Court on all dates of hearing and not to tamper with the prosecution witnesses. There are no criminal antecedents of the petitioners. Considering the above aspects, the petitioners have made out a case for grant of bail with conditions."

Accused Nos.1, 2 and 3 have been granted bail and the accusation against them is that accused No2 with size stone, accused No.3 with iron crowbar and accused No.1 with machete, size stone and crowbar assaulted the deceased. The petitioners i.e., accused No.5 assaulted with wooden repiece, accused No.7 also assaulted with wooden repiece and accused No.1 also assaulted with wooden repiece and crowbar on the deceased. The overtact alleged against the petitioners is similar to that of accused Nos.1 to 3 who have been granted bail. Therefore, the petitioners are entitled for grant of bail on the ground of parity. The petitioners have undertaken to appear before the trial Court on all dates of hearing and not to tamper with the prosecution witnesses. There are no criminal antecedents of the petitioners.

Considering all the above aspects, the petitioners have made out a case for grant of bail with conditions. In the result, the following;

ORDER

The Criminal petition is allowed. The petitioners/accused Nos.5, 7 and 11 are granted bail in S.C.No.105/2025 (Crime No.415/2024 of Bharamasagar Police Station) pending on the file of Special II Additional District and Sessions Judge, Chitradurga, subject to following conditions:

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

(ii) Petitioners shall not tamper the prosecution witnesses.

(iii) Petitioners shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

(iv) Petitioners shall not commit any offence. If a case registered against the petitioners for committing any offence, the prosecution is at liberty to seek cancellation of bail granted to them.