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2025 DAILYLAW 17724 (KAR)

KOTTURAPPA, v. STATE OF KARNATAKA

CRL.P/2540/2025 · 2025-03-20

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11752 CRL.P No. 2540 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2540 OF 2025 BETWEEN: KOTTURAPPA AGED ABOUT 49 YEARS S/O LATE RANGASHETTY R/AT DUGGATTI VILLAGE YALANDURHOBLI AND TALUK MYSURU DISTRICT - 571 441. …PETITIONER (BY SRI P. NATARAJU, ADV.) AND: STATE OF KARNATAKA BY T. NARASIPURA POLICE STATION, MYSURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON REGULAR BAIL IN CR.NO.369/2024 REGISTERED BY T.NARASIPURA POLICE STATION, MYSURU, FOR THE OFFENCESPUNISHABLE UNDER SECTION 103(1) OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE (SR.DN.) AND CJM COURT AT T.NARASIPURA, MYSURU DISTRICT, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11752 CRL.P No. 2540 of 2025 ORAL ORDER 1. Accused in Crime No.369/2024 registered by T.Narasipura Police Station, Mysuru District, for the offence punishable under Section 103(1) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.369/2024 was registered by T.Narasipura Police Station, Mysuru District, for the aforesaid offence against the petitioner herein based on the first information dated 20.11.2024 received from Chethan.R. During the course of investigation, petitioner herein was arrested on 20.11.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offence. Petitioner's bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.2120/2024 was rejected on 22.01.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the petition. - 3 - NC: 2025:KHC:11752 CRL.P No. 2540 of 2025 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that petitioner is married to Kamakshi and from the said wedlock, they have a child. It appears that Kamakshi had illicit relationship with deceased Chandru. Kamakshi had abandoned her husband about six days prior to the alleged date of incident. On 20.11.2024, petitioner found Kamakshi along with Chandru. It is alleged that petitioner assaulted Chandru with his hands and legs, and thereafter, pushed him into Kaveri river and committed his murder. 7. Petitioner who has no other criminal antecedents, is in custody from 20.11.2024. Investigation in the case is completed and charge sheet is filed. The alleged incident appears to have taken place in a spur of moment after the petitioner found his wife along with her paramour. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.369/2024 registered by - 4 - NC: 2025:KHC:11752 CRL.P No. 2540 of 2025 T.Narasipura Police Station, Mysuru District, for the offence punishable under Section 103(1) of BNS, 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; 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. Sd/- (S VISHWAJITH SHETTY) JUDGE KK