- 1 - NC: 2025:KHC:13605 CRL.P No. 3861 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3861 OF 2025 BETWEEN: DILEEP HEGDE, AGE: 28 YEARS, S/O SATHISH HEGDE, R/AT HARIKRUPA NIVAS, PELATHIJE HIRGANA VILLAGE, KARKALA TALUK, UDUPI - 576117 (THE PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. NISHIT KUMAR SHETTY., ADVOCATE) AND: STATE OF KARNATAKA BY AJEKAR POLICE STATION, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.11/2025 (CR.NO.36/2024) OF AJEKAR P.S. REGISTERED AGAINST HIM FOR THE OFFENCE P/U/S 61(1)(a),103,238,3(5) OF BNSS, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS COURT UDUPI (SITTING AT KARKALA). Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13605 CRL.P No. 3861 of 2025 THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in SC No.11/2025 pending before the Court of II Additional District and Sessions Judge, Udupi, sitting at Karkala, arising out of Crime No.36/2024 registered by Ajekar Police Station, Udupi, for the offences punishable under Sections 61(1)(a), 103, 238 and 3(5) 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.36/2024 was registered by Ajekar Police Station, Udupi, initially for the offences punishable under Sections 61(1)(a), 103 and 3(5) of BNS, 2023, against Prathima and petitioner herein based on the first information dated 24.10.2024 received from Ramakrishna, brother of deceased Balakrishna. During the course of investigation, petitioner herein was arrested on 25.10.2024. Investigation in the case is completed and charge sheet has been filed against two persons. Petitioner is arraigned as accused No.2 in the - 3 - NC: 2025:KHC:13605 CRL.P No. 3861 of 2025 charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.31/2025 was rejected on 04.03.2025. 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. 5. Per contra, learned HCGP has opposed the petition. 6. A perusal of the averments found in the first information would go to show that first informant suspected hand of accused Nos.1 and 2 in the death of his brother Balakrishna and it is under these circumstances, FIR was registered against Prathima and petitioner herein. Accused No.1 - Prathima is the wife of deceased Balakrishna. The allegation in the charge sheet is that accused No.1 had illicit relationship with petitioner and it is in this background, accused persons had decided to eliminate Balakrishna. In furtherance of their conspiracy, accused No.2 allegedly had purchased Arsenic Trioxide, which is said to be a poisonous substance and supplied the same to accused No.1 who in turn had mixed the said substance in the food consumed by her husband Balakrishna. As a result, he had developed multiple health complications for which he was - 4 - NC: 2025:KHC:13605 CRL.P No. 3861 of 2025 treated in various Hospitals. It is further alleged in the charge sheet that on 20.10.2024, at about 02.00 p.m., accused No.1 summoned the petitioner to her house and thereafter accused Nos.1 and 2 with the help of a blanket smothered Balakrishna to death. Post Mortem Report of deceased Balakrishna would reveal that death was as a result of external injuries suffered by the deceased and internal organs are suggestive of asphyxia. A perusal of the Post Mortem Report would go to show that deceased had suffered four external injuries over his body. Injury No.1 is a contusion over his lower lip and injuries Nos.2 to 4 are abrasions which are not of serious in nature. FSL report also does not suggest of any poisonous or toxic material present in the body of the deceased. 7. Undisputedly, petitioner has no other criminal antecedents. The case of the prosecution is based on circumstantial evidence. Investigation in the case is completed and charge sheet has been filed. The trial in the case is yet to commence. The prosecution has in all cited 72 charge sheet witnesses in the present case. Under the circumstances, I am of the opinion that without expressing any opinion on merits and demerits of the case, prayer made by the petitioner for - 5 - NC: 2025:KHC:13605 CRL.P No. 3861 of 2025 grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.11/2025 pending before the Court of II Additional District and Sessions Judge, Udupi, sitting at Karkala, arising out of Crime No.36/2024 registered by Ajekar Police Station, Udupi, for the offences punishable under Sections 61(1)(a), 103, 238 and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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; - 6 - NC: 2025:KHC:13605 CRL.P No. 3861 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 DN List No.: 1 Sl No.: 96