- 1 - NC: 2025:KHC:15196 CRL.P No. 3774 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3774 OF 2025 BETWEEN: RAJA @ RAJAPPA, S/O RANGASWAMY AGED ABOUT 50 YEARS R/O M G BUILDING SRIRAMNAGARA, DAVANAGERE – 577 501. …PETITIONER (BY SRI. IQBAL AHMED KHAN, ADVOCATE) AND: STATE OF KARNATAKA SHO CHITRADURGA RURAL POLICE REP. BY SPP HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SMT. PUSHAPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE RELIEF OF REGULAR BAIL TO THE PETITIONER IN CRIME NO.305/2022 OF CHITRADURGA RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 201 AND 302 OF INDIAN PENAL CODE, PENDING SPECIAL 2ND ADDITIONAL DISTRICT AND SESSION JUDGE AT CHITARDURGA IN SC NO.65/2024 AND ETC., 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 SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15196 CRL.P No. 3774 of 2025 ORAL ORDER Accused in S.C No.65/2024 pending before the Court of Special II Additional District and Sessions Judge, Chitradurga arising out of Crime No.305/2022 registered by Chitradurga Rural Police Station, Chitradurga for the offences punishable under Sections 302 and 201 of IPC, is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR came to be registered in Crime No.305/2022 by Chitradurga Rural Police Station, Chitradurga for the aforesaid offences against unknown persons, based on the first information dated 02.07.2022 received from Sri.Manikanta S/o Krishnamurthy. 4. During the course of investigation of the case, petitioner was arrested on 14.01.2024. Investigation of the case is completed and charge sheet has been filed. His bail application filed before the Sessions Court was rejected on 16.01.2025. Therefore, petitioner is before this Court. - 3 - NC: 2025:KHC:15196 CRL.P No. 3774 of 2025 5. A perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. FIR in the present case was initially registered against unknown persons. During the course of investigation, petitioner herein was arrested on 14.01.2024. 6. As per charge sheet allegations, deceased Noorjan was married and she had children from her wedlock. The deceased and the petitioner were together committing theft and they had a dispute between them with regard to sharing the sale proceeds of the stolen articles. The deceased had also lodged a complaint against the petitioner for the reason that he had taken the daughter of the deceased along with him. It is alleged that the petitioner who had ill-will against the deceased, on 01.07.2022 on the guise of committing theft took the victim along with him and thereafter in a under construction building he allegedly assaulted her on her head with iron rod and committed her murder. The prosecution has cited 60 charge sheet witnesses in the present case. Case of prosecution is based on circumstantial evidence. Petitioner aged about 50 years has no other criminal antecedents. - 4 - NC: 2025:KHC:15196 CRL.P No. 3774 of 2025 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for the grant of regular bail is required to be answered affirmatively. 8. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.305/2022 registered by the Chitradurga Police Station for the offences punishable under Sections 302 and 201 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One 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; - 5 - NC: 2025:KHC:15196 CRL.P No. 3774 of 2025 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 UN List No.: 1 Sl No.: 63