VARUN S @ VARUN GOWDA @ VARUN KUMAR @ BODA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60658
CRL.P No. 16065 of 2026
CNR: KAHC010732032026
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. 16065 OF 2026
BETWEEN:
1. VARUN S @ VARUN GOWDA
@ VARUN KUMAR @ BODA
S/O SHIVAKUMAR
AGED ABOUT 31 YEARS
PERMANENT R/AT NO.103, VEERA CHANNANNA
BUILDING, SOMANAHALLI
UTHARAHALLI HOBLI
BENGALURU SOUTH TALUK
BENGALURU CITY PIN - 560 061
PERMANENT R/AT HUDINDA VILLAGE
KODIHALLI HOBLI, KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT PIN - 562 119.
2. RAJITH @ JIMMY
S/O RAMAKRISHNA
AGED ABOUT 29 YEARS
R/AT BANJARUPALYA AGRA VILLAGE
KENGERI HOBLI, BENGALURU SOUTH TLAUK
BENGALURU CITY - 560 060
PERMANENT R/AT NEAR INSTAMART
DODDAKALLASANDRA KANAKAPURA
MAINROAD, BENGALURU DIST PIN - 560 062.
…PETITIONERS
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI SHARATH J.M, ADV.- V.C)
AND:
STATE OF KARNATAKA
BY HAROHALLI POLICE STATION
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
AT BENGALURU - 560 001.
…RESPONDENT
(BY SRI SHARATH J.N, ADV.,)
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HC-KAR
NC: 2026:KHC:60658
CRL.P No. 16065 of 2026
CNR: KAHC010732032026
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO RELEASED THEM ON BAIL WHO ARE THE ACCUSED
NO.1 AND 2 IN CRIME NO.113/2025 (SC NO.5045/2025)
REGISTERED BY RESPONDENT HAROHALLI POLICE STATION FOR
THE OFFENCES P/U/S 61(2)(a), 49, 281, 125(a), 103(1), 249, 190
OF BNS NOW PENDING ON THE FILE OF THE II ADDL.DISTRICT AND
SESSIONS JUDGE, BENGALURU SOUTH SITTING AT KANAKAPURA IN
RESPECT OF PETITIONER.
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.1 and 2 in S.C.No.5045/2025 pending
before the Court of II Additional District and Sessions
Judge, Bengaluru South District sitting at Kanakapura
arising out of Crime No.113/2025 registered by Harohalli
Police Station, Ramanagara for the offences punishable
under Section 61(2)(a), 49, 249, 190, 103(1), 125(a), 281
of BNS, 2023, are before this Court in this petition filed
under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
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HC-KAR
NC: 2026:KHC:60658
CRL.P No. 16065 of 2026
CNR: KAHC010732032026
3. FIR in Crime No.113/2025 was registered by
Harohalli Police Station, Ramanagara for the aforesaid
offences against two to three unknown persons, based on
the first information dated 03.05.2025 received from Sri
Jeethendra R, who is the close relative of deceased
Santhosh Kumar @ Santhosh @ Santhu @ Karadi. In the
said case, the petitioners were arrested on 06.05.2025 and
remanded to judicial custody. After completing
investigation, charge sheet is filed against five persons and
petitioners are arrayed as accused Nos.1 and 2 in the
charge sheet. Their bail application filed before the
jurisdictional Sessions Court in S.C.No.5045/2025 was
rejected on 08.10.2026. Therefore, they are before this
Court.
4. FIR in the present case was registered against
unknown persons. During the course of investigation,
petitioners and other accused were arrested, and charge
sheet was filed against five persons. In the charge sheet, it
is alleged that accused No.1 had ill will against deceased
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HC-KAR
NC: 2026:KHC:60658
CRL.P No. 16065 of 2026
CNR: KAHC010732032026
Santhosh Kumar, who was involved in the murder case
registered by Kumaraswamy Layout Police Station in Crime
No.41/2023, in which the close relative of accused No.1
was murdered. It is in this background accused No.1 had
conspired with the other accused persons to commit the
murder of Santhosh Kumar.
5. In furtherance of such conspiracy, on
03.05.2025, accused Nos.1 and 2 followed Santhosh, who
was riding a motorbike, in a car bearing registration
No.KA-05-MB-4812 and dashed their car against his
motorbike and thereafter assaulted him with deadly
weapons and committed his murder. CW.1 and CW.2 are
said to be the alleged eyewitnesses in the present case.
They have been now examined before the Trial Court as
PW.1 and PW.2. The submission made by the learned
counsel for the petitioners that PW.1 and PW.2 have
turned hostile to the case of the prosecution and therefore,
they are treated as hostile witnesses and cross-examined
in vain by the Public Prosecutor is not seriously disputed by
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HC-KAR
NC: 2026:KHC:60658
CRL.P No. 16065 of 2026
CNR: KAHC010732032026
the learned High Court Government Pleader. Accused
Nos.3 to 5 have been granted regular bail by this Court in
Crl.P.No.111/2026, Crl.P.No.14328/2025 and
Crl.P.No.14288/2025.
6. Learned High Court Government Pleader has
brought to the notice of this Court that the petitioners are
persons with criminal antecedents. However, the fact
remains that the alleged eyewitnesses are now completely
examined and they have turned hostile to the case of the
prosecution. The petitioners are in custody in the present
case for the last nearly one year and six months.
7. Under the circumstances, 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:
ORDER
i) The Criminal Petition is allowed .
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HC-KAR
NC: 2026:KHC:60658
CRL.P No. 16065 of 2026
CNR: KAHC010732032026
ii) The petitioners are directed to be enlarged on
bail in S.C.No.5045/2025 pending before the Court of II
Additional District and Sessions Judge, Bengaluru South
District sitting at Kanakapura arising out of Crime
No.113/2025 registered by Harohalli Police Station,
Ramanagara for the offences punishable under Section
61(2)(a), 49, 249, 190, 103(1), 125(a), 281 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
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;
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HC-KAR
NC: 2026:KHC:60658
CRL.P No. 16065 of 2026
CNR: KAHC010732032026
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 him is disposed off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
SHS
List No.: 1 Sl No.: 87