BASAVARAJU S. @ SHIVA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60556
CRL.P No. 12019 of 2026
CNR: KAHC010546742026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12019 OF 2026
BETWEEN:
1. BASAVARAJU S. @ SHIVA
S/O SHANTAPPA,
AGED ABOUT 49 YEARS,
R/O ALKERE VILLAGE, KERAGODU HOBLI,
TALUKA AND DISTRICT MANDYA - 571 446.
2. SHASHANK B.R.
S/O RAMESHA,
AGED ABOUT 23 YEARS,
R/O 2ND CROSS, DODDABELE COLONY,
KENGERI BANGALORE - 560 060
PERMANENT ADDRESS
BEVINAKUPPE VILLAGE, KASABA HOBLI,
TALUKA PANDAVAPURA,
DISTRICT MANDYA - 571 434.
…PETITIONERS
(BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE)
Digitally
signed by
NANDINI D
Location:
HIGH
COURT OF
KARNATAKA
AND:
THE STATE OF KARNATAKA
REP BY SUB-INSPECTOR OF POLICE
MELUKOTE POLICE STATION, DISTRICT MANDYA,
REP BY STATE PUBLIC PROSECUTOR, HIGH COURT
OF KARNATAKA, BENGALURU 560 001.
…RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP)
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HC-KAR
NC: 2026:KHC:60556
CRL.P No. 12019 of 2026
CNR: KAHC010546742026
THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483
BNSS) PRAYING TO ALLOW THE PETITION BY GRANTING THEM
BAIL IN MELUKOTE POLICE STATION CRIME NO.198/2025
(SESSIONS CASE NO: 5017/2026) FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 61(2)(a), 103(2), 238(a),
45(c), 55 AND 239 R/W 3(5) OF BHARATIYA NYAYA SANHITA,
2023 PENDING ON THE FILES OF THE LEARNED III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA
(SITTING AT SRIRANGAPATNA).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.5 and 6 in SC No.5017 of 2026 pending
before the Court of III Additional District and Sessions
Judge, Mandya, sitting at Srirangapatna, arising out of
Crime No.198 of 2025 registered by Melukote Police
Station, Mandya for the offences punishable under Section
61(2)(a), 103(2), 238(a), 45(c) and 55 and 239 read with
Section 3(5) of BNS 2023, is before this Court this petition
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HC-KAR
NC: 2026:KHC:60556
CRL.P No. 12019 of 2026
CNR: KAHC010546742026
filed under Section 483 of BNSS, 2023 seeking regular
bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.198 of 2025 was registered by
Melukote Police Station, Mandya for the offences
punishable under Section 103 read with Section 3(5) of
BNS, 2023 against one Bheema Uruf Ramachandra and
others, based on first information dated 30.11.2025
submitted by Shivanna L.R. During the course of
investigation, the petitioners herein were arrested on
17.12.2025 and remanded to judicial custody. After
completing investigation, charge sheet is filed against 6
persons and petitioners are arrayed as accused Nos.5 and
6 in the charge sheet. Accused Nos.2 to 4 named in the
FIR are dropped in the charge sheet.
4. FIR in the present case has been submitted by
brother of the deceased Mahesh. He has averred that on
29.11.2025, CW2-Marigowda, who came near his house
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HC-KAR
NC: 2026:KHC:60556
CRL.P No. 12019 of 2026
CNR: KAHC010546742026
had informed him that some persons, who had came in a
car, dashed the said car against the two wheeler in which
Mahesh was travelling with CW2. Thereafter, they
assaulted Mahesh with deadly weapons and committed his
murder. Based on the first information received, FIR was
registered against Bheema Uruf Ramachandra and others.
Undisputedly, the name of petitioners is not found in the
FIR. After completing investigation, charge sheet is now
filed against 6 persons. Accused Nos.2 to 4, who were
named in the FIR are dropped in the charge sheet.
5. According to the prosecution, accused Nos.1
and 5 to 8 were the persons who came in a Murti Omni car
on the intervening night of 29.11.2025 and 30.11.2025
and after dashing their vehicle against the two wheeler in
which CW2-Marigowda and Mahesh were traveling,
assaulted Mahesh with deadly weapons and committed his
murder. FIR in the present case was registered based on
the information given by CW2-Marigowda. However, the
name of the petitioners is not found in the FIR. They were
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NC: 2026:KHC:60556
CRL.P No. 12019 of 2026
CNR: KAHC010546742026
arrested during the course of investigation on 17.12.2025.
Surprisingly, the statement of the alleged eyewitness
CW2-Marigowda has been recorded in the present case on
18.12.2025, which is after the petitioners were arrested.
Prior to the same, the statement of CW3-Kiran was
recorded in the present case, but he had not named the
petitioners in his statement. In his statement recorded
under Section 183 of the BNSS, 2023, CW3 has not named
any one of the assailants. On the other hand, he has
stated that immediately after the car had dashed against
two wheeler, he had ran away from the spot. It is only
based on the statement of CW2-Marigowda, petitioners
herein are arrayed as accused.
6. Accused Nos.7 and 8 have been granted regular
bail by this Court in Criminal Petition No.7865 of 2026 and
Criminal Petition No.7914 of 2026. Accused No.9 who is
the person, who allegedly had supplied weapons to the
accused has been granted regular bail by this Court in
Criminal Petition No.9613 of 2026.
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NC: 2026:KHC:60556
CRL.P No. 12019 of 2026
CNR: KAHC010546742026
7. Considering the aforesaid aspects of the matter,
I am of the opinion that the prayer made by the
petitioners for grant of regular bail needs to be answered
affirmatively, subject to appropriate conditions.
Accordingly, the following:
O R D E R
(i) The Criminal Petition is allowed.
(ii) The petitioners are directed to be enlarged on
bail in SC No.5017 of 2026 pending before the Court of III
Additional District and Sessions Judge, Mandya, sitting at
Srirangapatna, arising out of Crime No.198 of 2025
registered by Melukote Police Station, Mandya for the
offences punishable under Section 61(2)(a), 103(2),
238(a), 45(c) and 55 and 239 read with Section 3(5) of
BNS 2023, subject to the following conditions:
a) The petitioners shall execute personal
bond for a sum of Rs.1,00,000/- each with
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CRL.P No. 12019 of 2026
CNR: KAHC010546742026
two sureties for the likesum, to the
satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly
on all the dates of hearing before the Trial
Court unless the Trial Court exempts their
appearance for valid reasons;
c) The petitioners shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioners shall not involve in
similar offences in future;
e) The petitioners shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against them is disposed off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
AMM
List No.: 1 Sl No.: 47