- 1 - NC: 2025:KHC:7307 CRL.P No. 456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 456 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SWAPAN BARMAN S/O DEERAN BARMAN, AGED ABOUT 49 YEARS, C/O RENTED HOUSE OF PUSHPA, NEAR VINAYAKA TEMPLE, HAGADUR, WHITEFIELD, BENGALURU-560066 PERMANENT ADDRESS, PURIAL VILLAGE, KANTOR POST, BHAGILATA, UTTAR DINAJPUR DISRICT, WEST BENGAL SATE-733156 (NOW IN J.C.) …PETITIONER (BY SRI. SHOBHA SALAMANTAPI.,ADVOCATE) AND: THE STATE OF KARNATAKA BY WHITEFIELD POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001 …RESPONDENT (BY SRI. HARISH GANAPATHI., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7307 CRL.P No. 456 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.168/2023 (CR.NO.47/2023) OF RESPONDENT, WHITEFIELD POLICE, FOR THE ALLEGED OFFENCE P/U/S 302 OF IPC, PENDING ON THE FILE OF IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive bail petition preferred by the petitioner praying to enlarge him on bail in a case pending in S.C.No.168/2023 on the file of the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. This Court in Crl.P.No.1260/2024 vide order dated 01.03.2024, has already dismissed the bail petition of the petitioner considering the entire facts and circumstances of the case. 3. Learned counsel for petitioner has contended that CW.4 is the material witness in this case and he has - 3 - NC: 2025:KHC:7307 CRL.P No. 456 of 2025 been examined by the Trial Court, but he has not supported the prosecution case. She contended that the petitioner is languishing in judicial custody for two years and therefore, by imposing any conditions, he may be enlarged on bail. 4. This Court while dismissing the earlier petition, has taken into consideration the medical evidence. Death is due to compression of neck. Post mortem report would disclose that ‘hyoid bone as well as thyroid cartilage were fractured. This Court has observed that it cannot happen in a normal course when the death is natural. Admittedly, the petitioner and the deceased were alone residing in the same house and therefore, it is for the petitioner to explain as to what was the cause for the death of his wife in the house, as the said fact is within his knowledge and he is required to explain the same under Section 106 of the Evidence Act. - 4 - NC: 2025:KHC:7307 CRL.P No. 456 of 2025 5. Noticing that there are prima-facie materials against the petitioner and also that he is not a local resident, his prayer for bail was rejected. 6. Petitioner is accused of committing the murder of one Muktha Barman with whom he was residing in a rented house belonging to CW.6 situated at Hagaduru Main Road, White field, Bengaluru City. As per postmortem report, death is homicidal in nature. Petitioner and deceased were the only persons who were residing in the house. Hostility of CW.4 and the incarceration of the petitioner itself are not sufficient to enlarge the petitioner on bail. Admittedly, trial is in progress. Petitioner is from the State of West-Bengal. Therefore, there is every chance of petitioner absconding from the clutches of law, in case he is released on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 38