- 1 - NC: 2025:KHC:13915 CRL.P No. 4701 of 2025 C/W CRL.P No. 91 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4701 OF 2025 C/W CRIMINAL PETITION NO. 91 OF 2025 IN CRL.P No. 4701/2025: BETWEEN: JYOTHI W/O KUMAR AGED ABOUT 25 YEARS R/AT HANDIMULKU VILLAGE KALLAMBELLA HOBLI SIRA TALUK, MADDAKANAHALLI VILLAGE, GOWDAGERE HOBLI TUMKUR DISTRICT - 572 137. …PETITIONER (BY SRI CHANDRASHEKAR R.P, ADV.) AND: STATE BY SIRA P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CRIME NO.26/2024 OF SIRA P.S., WHICH IS PENDING IN S.C.NO.141/2024 BEFORE THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU DISTRICT FOR OFFENCE P/US/ 114 AND 302 OF IPC. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13915 CRL.P No. 4701 of 2025 C/W CRL.P No. 91 of 2025 IN CRL.P NO. 91/2025: BETWEEN: PAVAN KUMAR S @ PAVAN S/O SRINIVASA R AGED ABOUT 29 YEARS R/AT, MADDAKKANAHALLI VILLAGE GOWDAGERE HOBLI, SIRA TALUK TUMAKURU DISTRICT - 572 137. ...PETITIONER (BY SRI G.M. SHARATH KUMAR, ADV., SRI MOHAMED UMMAR FAROOQ, ADV.) AND: STATE OF KARNATAKA BY SIRA POLICE STATION, REPRESENTED BY ITS 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/ ACCUSED NO.1 ON BAIL IN S.C.NO.141/2024(CR.NO.26/2024) REGISTERED BY THE SIRA P.S. TUMAKURU FOR ALLEGED OFFENCE P/U/S302,114 OF IPC WHICH IS PENDING ON THE FILE OF IIND ADDL.DIST.AND SESSIONS JUDGE AT TUMAKURU BY IMPOSING ANY CONDITIONS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 3 - NC: 2025:KHC:13915 CRL.P No. 4701 of 2025 C/W CRL.P No. 91 of 2025 ORAL ORDER 1. Accused Nos.1 and 2 in SC No.141/2024 pending before the Court of II Addl. District and Sessions Judge, Tumakuru, arising out of Crime No.26/2024 registered by Sira Police Station, Tumakuru, for the offences punishable under Sections 302 and 114 of IPC, are before this Court in these two petitions filed under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.26/2024 was registered Sira Police Station, Tumakuru, for the offence punishable under Section 302 of IPC, against unknown persons based on the first information dated 14.01.2024 received from Nagaraju, Police Officer attached to Sira Police Station, Tumakuru. During the course of investigation, petitioners herein, who were arrested on 20.01.2024 were subsequently remanded to judicial custody. In the charge sheet that was filed subsequently, petitioners are arraigned as accused Nos.1 and 2. Their bail application filed before the jurisdictional Sessions Court were rejected. Therefore, they are before this Court. - 4 - NC: 2025:KHC:13915 CRL.P No. 4701 of 2025 C/W CRL.P No. 91 of 2025 4. A perusal of the material on record would go to show that entire case of the prosecution is based on circumstantial evidence. The allegation against accused persons in the present case is that accused Nos.1 and 2 had illicit relationship. Accused No.2 is the wife of deceased Kumara. Accused Nos.1 and 2 apprehended that if Kumar was alive he would be an obstacle in their relationship and therefore, they decided to commit his murder. In furtherance of their conspiracy, on 13.01.2024, accused No.1 allegedly took Kumara with him in his motor cycle bearing registration No.KA14/ES2497 and made him consume excess alcohol and thereafter, he had assaulted Kumara on his head with a stone and committed his murder. Investigation in the case is completed and charge sheet has been filed. Petitioners, who have no other criminal antecedents are in custody for the last more than 14 months. The trial in the case is yet to commence. The prosecution has in all cited 34 charge sheet witnesses. The case of the prosecution is based on circumstantial evidence. Under the circumstances, I am of the opinion that their prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 5 - NC: 2025:KHC:13915 CRL.P No. 4701 of 2025 C/W CRL.P No. 91 of 2025 5. The petitions are allowed. The petitioners are directed to be enlarged on bail in SC No.141/2024 pending before the Court of II Addl. District and Sessions Judge, Tumakuru, arising out of Crime No.26/2024 registered by Sira Police Station, Tumakuru, for the offences punishable under Sections 302 and 114 of IPC, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; - 6 - NC: 2025:KHC:13915 CRL.P No. 4701 of 2025 C/W CRL.P No. 91 of 2025 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 9