- 1 - NC: 2025:KHC:15027 CRL.P No. 3778 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3778 OF 2025 BETWEEN: MR. MARUTHI (ACCUSED), S/O RAMANJINAPPA, AGED ABOUT 23 YEARS, RESIDENT AT NERALEKUNTE VILLAGE, VENKATAPURA HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT. …PETITIONER (BY SRI. MANJUNATHA K, ADVOCATE) AND: STATE OF KARNATAKA, PAVGADA POLICE STATION, REPRESENTED BY HIGH COURT STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN THE RESPONDENT PAVAGADA POLICE MADHIGIRI SUB DIVISION HAVE REGISTERED A CASE AGAINST THE PETITIONER AN ALLEGED O/P/U/S 302 AND 201 OF IPC IN Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15027 CRL.P No. 3778 of 2025 THEIR CRIME NO.0111/2024 ON 04/05/2024 ON THE COMPLAINT. BY ALLOWING THE MEMORANDUM OF CRIMINAL PETITION. 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 in S.C.No.5034/2024 pending before the Court of IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri, arising out of Crime No.111/2024 registered Pavagada Police Station, Tumakuru, for offences punishable under Sections 302 and 201 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.111/2024 was registered by Pavagada Police Station, Tumakuru, for the aforesaid offences against the petitioner herein, based on the first - 3 - NC: 2025:KHC:15027 CRL.P No. 3778 of 2025 information dated 05.05.2024 received from Vijaya S/o Ramappa. 4. During the course of investigation of the case, petitioner herein was arrested on 06.05.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.5023/2025 was rejected on 30th January, 2025. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner is aged about 20 years having no other criminal antecedents. The entire case of the prosecution is based on circumstantial evidence. Trial in the case is yet to commence. Accordingly, he prays to allow this petition. 6. Per contra, learned Additional SPP has opposed the petition. She submits that the postmortem report supports the allegation found against the petitioner in the - 4 - NC: 2025:KHC:15027 CRL.P No. 3778 of 2025 charge sheet. C.W-3 to C.W-6 have stated about the fight between the petitioner and the deceased prior to the alleged date of incident. There are strong circumstances against him. Accordingly, she prays to dismiss this petition. 7. Perusal of the first information submitted by a villager which had resulted in registering the FIR in Crime No.111/2024 by Pavagada Police Station, Tumakuru against petitioner for offences punishable under Sections 302 and 201 of IPC would go to show that after the dead body of deceased Jhyothi was found, villagers suspected that husband of the deceased had committed her murder and it is only on suspicion, petitioner is arraigned as accused No.1 in the FIR. 8. During the course of investigation of the case, petitioner herein who is the husband of deceased was arrested on 06.05.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed. The entire case of the - 5 - NC: 2025:KHC:15027 CRL.P No. 3778 of 2025 prosecution is based on circumstantial evidence. The prosecution has in all cited 32 chargesheet witnesses in the present case and the trial in the case is yet to commence. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5034/2024 pending before the Court of IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri, arising out of Crime No.111/2024 registered Pavagada Police Station, Tumakuru, for offences punishable under Sections 302 and 201 of IPC, 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:15027 CRL.P No. 3778 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 KVR List No.: 1 Sl No.: 67 CT: BHK