Ganesh B R @ Ganesh v. State of Karnnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12941 OF 2026 BETWEEN:

GANESH B R @ GANESH, S/O LATE RAMASIDDU, AGED ABOUT 30 YEARS, RESIDING AT MARALAGALA VILLAGE, SRIRANGAPATANA TALUK, MANDYA DISTRICT - 571 807, KARNATAKA. …PETITIONER (BY SRI. MAHESHA M., ADVOCATE) AND:

STATE OF KARNNATAKA, REPRESENTED BY SHO OF SRIRANGAPATAN RURAL POLICE STATION, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BANGALURU - 560 001. …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP)

THIS CRL.P. IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH S.C.CASE NO.5030/2026

by ASHWINI MAYAPPA MAVARAKAR Location: High Court of Karnataka

WHICH IS PENDING BEFORE THE COURT OF III ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA SITTING AT S.R.PATNA (ARISING OUT OF CRIME NO.40/2026 OF SRIRANGAPATAN RURAL POLICE STATION) FOR THE OFFENCES PUNISHABLE FOR THE OFFENCE P/U/S 46, 61(1)(a), 238, 103(1) R/W SEC.3(5) OF THE BNS.

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 No.3 in Crime No.40 of 2026 registered by Srirangapatna Police Station, Mandya for the offences punishable under Section 46, 61(1)(a), 238, 103(1) read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.40 of 2026 was registered by Srirangapatna Police Station, Mandya for the offences punishable under Section 103(1) and 238 of BNS, 2023

against the unknown persons, based on the first information dated 07.03.2026 received from Balasundar brother of the deceased Siddalingappa. During the course of investigation of the case, the petitioner herein was arrested on 10.03.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against 4 persons and petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5267 of 2026 was rejected on 03.08.2026. Therefore, he is before this Court.

¶4A reading of the charge sheet material would reveal that accused No.4-Shalini K.R., was the wife of deceased Siddalingappa. She allegedly had illicit relationship with accused No.1 and after coming to know about the same, the deceased had warned accused Nos.1 and 4. Deceased was therefore allegedly ill-treating his wife (accused No.4). It is under these circumstances,

accused Nos.1 and 4 decided to eliminate Siddalingappa and accordingly, conspired with accused Nos.2 and 3.

¶5On 06.03.2026, the deceased had gone to a temple in their village. Accused No.4 made a whats-app call to accused No.1 and informed him that her husband, Siddalingappa had gone to temple. Accused No.3 also allegedly gave information to accused No.1 about the whereabouts of Siddalingappa. Thereafter, accused Nos.1 and 2 came in their motorbike and when Siddalingappa was returning home in his motorbike, they intercepted his vehicle, assaulted him with a wooden club and committed his murder. Subsequently, accused Nos.1 and 2 disposed of the dead body in an canal and retuned home. Allegation of assaulting deceased Siddalingappa with a weapon and committing his murder is found in the charge sheet only as against accused Nos.1 and 2. Petitioner was not even present at the spot of crime. Allegation as against him is that he had given information about the whereabouts of

Siddalingappa to accused No.1, with whom he allegedly had conspired to commit the murder of Siddalingappa.

¶6Petitioner who has other criminal antecedents, is in custody for the last more than 6 months. Investigation of the case is now completed.

¶7Under the circumstances, I am of the opinion that the prayer made by the petitioner 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 petitioner is directed to be enlarged on bail in Crime No.40 of 2026 registered by Srirangapatna Police Station, Mandya for the offences punishable under Section 46, 61(1)(a), 238, 103(1) read with Section 3(5) of BNS, 2023, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner 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

AMM List No.: 1 Sl No.: 79