- 1 - NC: 2025:KHC:13983 CRL.P No. 1850 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.1850 OF 2025 BETWEEN: SUNEELA @ SUNILA S/O RANGASWAMY AGED ABOUT 31 YEARS, DRIVER, R/O HULAGALAKUNTE VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577 598. …PETITIONER (BY SRI. NISHANTH S.K., ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HIRIYUR RURAL POLICE STATION, CHTRADURGA DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI. NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BHARATIYA NAGARIKA SURAKSHA SANHITA - 2023 (FILED U/S 439 CR.PC) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT-POLICE TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.305/2024 (ON Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13983 CRL.P No. 1850 of 2025 THE FILE OF LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN S.C.NO.184/2024) REGISTERED BY HIRIYUR RURAL POLICE STATION, CHITRADURGA DISTRICT FOR THE ALLEGED OFFENCES P/U/S 103(1), 49, 3(5) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in S.C.No.184/2024 pending before the Court of II Addl. District and Sessions Judge at Chitradurga, arising out of Crime No.305/2024 registered by the Hiriyur Rural Police Station, Chitradurga District, for the offences punishable under Sections 103(1), 49, 3(5) of Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking regular bail. 2. Heard learned counsel appearing for the parties. 3. FIR in Crime No.305/2024 was registered by the Hiriyur Rural Police Station, Chitradurga initially for the offences - 3 - NC: 2025:KHC:13983 CRL.P No. 1850 of 2025 punishable under Sections 103(1), 61(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 against the petitioner and two others, based on the first information dated 11.07.2024 received from Smt. Parvathamma, mother of deceased Ravi. During the course of investigation of the case, the petitioner herein who was arrayed as accused No.1 in the FIR was arrested on 11.07.2024 and remanded to judicial custody. After completion of investigation charge-sheet is filed against three persons and petitioner has been arrayed as accused No.1 in the charge- sheet. Petitioner's bail application in S.C.No.184/2024 was rejected on 16.01.2025. Therefore, petitioner is before this Court. 4. Perusal of the material on record would indicate that the prosecution case is based on circumstantial evidence. The allegation against the petitioner is that he had illicit relationship with accused No.2 who is wife of deceased Ravi. In the first information it is stated that accused No.2 had complained to the police against her husband Ravi about ill-treatment meted out on her. In the charge-sheet it is alleged that deceased Ravi was opposing the illicit relationship between accused Nos.1 and 2 and therefore, accused No.2 had instigated accused No.1 to - 4 - NC: 2025:KHC:13983 CRL.P No. 1850 of 2025 commit the murder of her husband, Ravi. On the intervening night of 10.07.2024 and 11.07.2024, when Ravi was sleeping in his under-construction house, at about 12.00 in the midnight, accused No.1 allegedly dropped a 20 kg. stone on the head of Ravi who was sleeping and committed his murder. It is not in dispute that petitioner has no other criminal antecedent. He is in judicial custody from 11.07.2024. 5. Under the circumstances, I am of the opinion that the prayer made by the petitioner is required to be answered affirmatively. 6. Accordingly, the Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.305/2024 of Hiriyur Rural Police Station, Chitradurga District, registered for the offences punishable under Sections 103(1), 49, 3(5) of Bharatiya Nagarika Suraksha Sanhita, 2023, subject to the following conditions: a) 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; - 5 - NC: 2025:KHC:13983 CRL.P No. 1850 of 2025 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 sac List No.: 1 Sl No.: 36