- 1 - NC: 2025:KHC:16901 CRL.P No. 4603 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4603 OF 2025 BETWEEN: RAJESHA (ACCUSED No.1) AGED 42 YEARS S/O LATE LINGAIAH RESIDING AT VADDARAHALLI VILLAGE, KAILANCHA HOBLI RAMANAGARA TALUK & DISTRICT PIN - 562 159. …PETITIONER (BY SRI PARTHA SARATHY M, ADV.) AND: STATE OF KARNATAKA BY KANAKAPURA RURAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 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 ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.77/2024 AND IN C.C NO.640/2025, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KANAKAPURA, FOR THE ALLEGED O/U/S 302 OF IPC. 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:16901 CRL.P No. 4603 of 2025 ORAL ORDER Accused in Crime No.77/2024 registered by Kanakapura Rural Police Station, Ramanagara District for the offence punishable under Section 302 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.77/2024 was registered by Kanakapura Rural Police Station, Ramanagara District against the petitioner herein and another initially for the offences punishable under Sections 506, 302 R/w 34 of IPC, on the basis of first information dated 12.05.2024 received from Sri Mahesha S/o Puttaiah, who is the brother of deceased Smt. Manjula. During the course of investigation of the case, the petitioner herein was arrested on 03.12.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against him for the aforesaid offences. - 3 - NC: 2025:KHC:16901 CRL.P No. 4603 of 2025 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5016/2025 was dismissed on 01.01.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the first informant is not an eye witness to the incident in question and according to the first informant, Srinivasa @ Seena, Lakshmana, Lokesha and Pavan Kumar are the persons, who were present near the spot of crime on the date of incident. The statement of the said persons, who are the alleged eye witnesses to the incident in question has been recorded, after a period of 2 1/2 months from the date of incident. Absolutely there is no explanation offered by the prosecution for the inordinate delay. The petitioner, who has no criminal antecedents is in custody from 03.12.2024. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned - 4 - NC: 2025:KHC:16901 CRL.P No. 4603 of 2025 counsel for the petitioner. She submits that considering the gravity and heinousness of the offence, the petitioner's prayer may be dismissed. 7. Perusal of the material on record would go to show that, the marriage of the petitioner with deceased Manjula was performed about 15 years prior to the date of registration of FIR and from the wedlock, they have two children. It appears that subsequently, relationship between the couple got strained and for the last about two years, they were residing separately. 8. In the first information it is submitted that, deceased Manjula had filed a case claiming maintenance from the petitioner and it is under these circumstances, the petitioner and his brother Somashekar were continuously threatening Manjula. In the first information it is further stated that, on 12.05.2024 at about 12.19 hours, the first informant received information that the petitioner had committed murder of his sister and when the aforesaid witnesses tried to intervene, petitioner had - 5 - NC: 2025:KHC:16901 CRL.P No. 4603 of 2025 threatened them with dire consequences. It is under this circumstance, FIR was registered against the petitioner and his brother. 9. During the course of investigation, the petitioner was arrested on 03.12.2024. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. In the charge sheet it is alleged that, on 12.05.2024, when the deceased was in the bus stop, the petitioner who came there in a motorbike armed with deadly weapon allegedly abused the deceased and thereafter assaulted on her head with iron rod, which he had brought with him and committed her murder. 10. The aforesaid four persons, who are the alleged eye witnesses to the incident in question are cited as CW-2 to CW-5 in the charge sheet. The statement of the alleged eye witnesses has been recorded on 26.07.2024, which is after a delay of about 2 1/2 months from the date of incident. The said inordinate delay has not at all been explained by the prosecution. - 6 - NC: 2025:KHC:16901 CRL.P No. 4603 of 2025 11. The petitioner, who has no other criminal antecedents is in custody from 03.12.2024. Investigation of the case is complete and charge sheet has been filed. Trial in the case is yet to commence. The prosecution has cited 36 charge sheet witnesses in the present case. The petitioner has two minor children, who are required to be taken care of. 12. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without expressing any opinion on merits/demerits of the case. 13. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.77/2024 registered by Kanakapura Rural Police Station, Ramanagara District for the offence punishable under Section 302 of IPC, subject to the following conditions: - 7 - NC: 2025:KHC:16901 CRL.P No. 4603 of 2025 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