- 1 - NC: 2025:KHC:15011 CRL.P No. 3864 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. 3864 OF 2025 BETWEEN: SRI SUDHAKAR S/O SOMAPPA NAIK AGE 31 YEARS OCC. LABOURE R/O KEMPANOTTU HOUSE BELALU VILLAGE TQ. BELTHANGADI DIST. D K KARNATAKA PIN -574 201. …PETITIONER (BY SRI GUNDE NEELENDRA DHANYAKUMAR, ADV.) AND: STATE OF KARNATAKA BY DHARMASTALA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 01. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CR.NO.86/2023 REGISTERED WITH KOPPAL RURAL P.S., PENDING BEFORE VI ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, FOR THE OFFENCES P/U/S 302,201 OF IPC, IN SC.NO.22/2024. 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 MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15011 CRL.P No. 3864 of 2025 ORAL ORDER Accused in S.C.No.22/2024 pending before the Court of VI Addl. District & Sessions Judge, D.K, Mangaluru arising out of Crime No.86/2023 registered by Dharmasthala Police Station, Dakshina Kannada District for the offences punishable under Section 302 and 201 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.86/2023 was registered by Dharmasthala Police Station, Dakshina Kannada District for the aforesaid offences against the petitioner herein, on the basis of first information dated 03.11.2023 received from Sri Shashidhara, who is the brother of deceased Shashikala. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 04.11.2023. Investigation in the case is complete and charge sheet has been filed against the petitioner herein for the aforesaid offences. - 3 - NC: 2025:KHC:15011 CRL.P No. 3864 of 2025 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.22/2024 was dismissed on 14.03.2024. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, entire case of the prosecution is based on circumstantial evidence. Deceased, who is the wife of the petitioner was suspecting the petitioner that he had illicit relationship with another lady and in this background couple were quarreling with each other regularly. 6. On 03.11.2023, the petitioner allegedly returned home after completing his work at about 7.00 a.m, in the morning and deceased allegedly questioned him why he had returned home early. Therefore, once again couple quarreled with each other and the petitioner allegedly pressed the neck of his wife and as a result she lost conscious and fell down. Apprehending that his wife had died, the petitioner allegedly lifted her and dropped her into a well. - 4 - NC: 2025:KHC:15011 CRL.P No. 3864 of 2025 7. Perusal of the material on record would go to show that, the petitioner has a minor daughter, aged about 3 years, who is required to be taken care of. The petitioner having no criminal antecedents is in custody from 03.11.2023. Trial in the case is yet to commence. Entire case of the prosecution is based on circumstantial evidence. 8. Considering the nature of allegation found in the charge sheet a doubt arises whether the petitioner had any intention to commit the murder of his wife. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.22/2024 pending before the Court of VI Addl. District & Sessions Judge, D.K, Mangaluru arising out of - 5 - NC: 2025:KHC:15011 CRL.P No. 3864 of 2025 Crime No.86/2023 registered by Dharmasthala Police Station, Dakshina Kannada District for the offences punishable under Sections 302 and 201 of IPC, subject to the following conditions: a) The 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS