- 1 - NC: 2025:KHC:10840 CRL.P No. 324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 324 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI RAMESHA S/O LATE KUNTAIAH AGED ABOUT 40 YRS, R/AT MANGADAHALLI VILLAGE, VIRUPAKSHIPURA HOBALI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562160. …PETITIONER (BY SRI. RAJESHA S., ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY P.S.I, AKKUR P. S., RAMANAGARA DISTRICT R/BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BANGALORE-560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.76/2024 PENDING ON THE FILE OF THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA FOR THE OFFENCE P/U/S 302,201 R/W SEC.34 OF IPC RAISED BY THE AKKUR P.S., CHANNAPATNA TALUK. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:10840 CRL.P No. 324 of 2025 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.1 in S.C.No.100/2024, pending before the Court of III Additional District and Sessions Judge, Ramanagar, arising out of Crime No.76/2024 registered by Akkur Police Station, Ramanagara, for offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code (for short 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No. 76/2024 registered by Akkur Police Station, Ramanagara, for the aforesaid offences against the petitioner and four other persons on the basis of the first information dated 22.05.2024 received from Smt. Manjamma - mother of the deceased -Ashwini. 4. During the course of investigation of the case, petitioner herein was arrested on 23.05.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against two - 3 - NC: 2025:KHC:10840 CRL.P No. 324 of 2025 persons. Petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Trial Court in Crl.Mis.No.894/2024 was rejected on 12.11.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that case of the prosecution is based on circumstantial evidence. Petitioner has no criminal antecedents. Body of deceased was found in the neighbouring field. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. 7. Perusal of materials on record would go to show that deceased was the wife of the petitioner and after the death of their disabled child, it appears that a sum of Rs.80,000/- was granted as compensation and the said amount was deposited in the bank account of deceased. It is alleged that, petitioner who was abusing and ill-treating his wife was making demand for the aforesaid sum of Rs.80,000/- which was refused by the deceased. It is in this background, on 22.05.2024 petitioner allegedly quarrelled with his wife at about 11.45 pm, throttled her neck and committed her murder. His sister, who is arrayed - 4 - NC: 2025:KHC:10840 CRL.P No. 324 of 2025 as accused No.3 in the charge sheet allegedly helped him to shift the dead body. The dead body of deceased- Ashwini was found in the agricultural property of one Sri. Chinnapa. 8. FIR was initially registered against five accused persons, since the first informant suspected the hand of petitioner and his relatives in the death of her daughter. Charge sheet is now filed only as against petitioner and his elder sister. Undisputedly, petitioner has no criminal antecedents. Case of the prosecution is based on circumstantial evidence. Under such circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.76/2024 registered by Akkur Police Station, Ramanagara, for offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 5 - NC: 2025:KHC:10840 CRL.P No. 324 of 2025 only) 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 SPV List No.: 1 Sl No.: 49