- 1 - NC: 2025:KHC:9001 CRL.P No. 320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 320 OF 2025 BETWEEN: SRI. RAJESH A.B, S/O A.R. BALAKRISHNA, AGED ABOUT 36 YEARS, RESIDENT AT RASALPURA, KUSHALNAGAR KODAGU DISTRICT - 570 234. …PETITIONER (BY SRI. VINOD KUMAR M, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY KUSHALNAGAR RURAL POLICE STATION, KODAGU DISTRICT - 570 234, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHAWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.111/2024 OF KUSHALANAGARA POLICE STATION Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:9001 CRL.P No. 320 of 2025 PENDING IN THE FILES OF THE ADDL. CIVIL JUDGE AND JMFC COURT KUSHAL NAGAR FOR THE OF THE P/US/ 115(2), 351(2), 352, 85, 108 R/W SEC.3(5) OF BNS 2023 BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO BE IMPOSED. 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 Crime No.111/2024 registered by Kushalnagar Rural Police Station, Kodagu for offences punishable under Sections 115(2), 351 (2), 352, 85, 108 r/w Section 3(5) of BNS, 2023 is before this Court under Section 483 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.111/2024 was registered by Kushalanagar Rural Police Station, Kodagu against the petitioner and two others for the aforesaid offences on the basis of the first information dated 08.10.2024 received - 3 - NC: 2025:KHC:9001 CRL.P No. 320 of 2025 from Punith K., who is the brother of the deceased- Thejaswini. 4. During the course of investigation, petitioner herein who was arrayed as accused No.1 was arrested on 16.10.2024 and remanded to the judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc. No.472/2024 was rejected on 18.12.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that accused No.2 has been granted regular bail by this Court in Criminal Petition No.12553/2024. During the life time of the deceased, she had not made any compliant against the petitioner or his parents. It is only after her death, the first informant, who is her brother has made a compliant against the petitioner. He submits that investigation of the case is completed and charge sheet has been filed. Accordingly, prays to allow the petition. 6. Per contra learned HCGP has opposed the petition. - 4 - NC: 2025:KHC:9001 CRL.P No. 320 of 2025 7. Perusal of the material on record would go to show that relationship of the petitioner with his wife was not cordial and his wife had earlier registered a criminal case against him in Jeevanbhimanagar Police Station, Bengaluru. On 11.09.2024, she had consumed some insecticide and thereafter, she was admitted in a hospital and she was subsequently, discharged from the said hospital. However, since she was suffering from severe throat pain, she was once again admitted in the hospital and she complained of difficulty to breath and later, she was shifted to Manipal Hospital. Thereafter, the first informant approached the police on 08.10.2024 with an allegation that his sister had consumed insecticide on 11.09.2024 as a result of the ill-treatment by her husband and in-laws. There is an inordinate delay in approaching the police. When the deceased was admitted in the Hospital immediately after she had consumed poison on 11.09.2024, she had not made any allegations. Undisputedly, she was discharged from the hospital and only for the second time after she was admitted in the - 5 - NC: 2025:KHC:9001 CRL.P No. 320 of 2025 hospital because of her throat pain, the first informant had approached the police. Considering the aforesaid aspects of the matter, this Court has granted regular bail to accused No.2 in Criminal Petition No. 12553/2024. 8. Investigation of the case is now complete and chare sheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail requires to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.111/2024 registered by Kushalnagar Rural Police Station, Kodagu for the offences punishable under Sections 115(2), 3(5), 351(2) 352 and 85 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One - 6 - NC: 2025:KHC:9001 CRL.P No. 320 of 2025 Lakh 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 VS List No.: 1 Sl No.: 50 CT: BHK