- 1 - NC: 2025:KHC:16909 CRL.P No. 4802 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. 4802 OF 2025 BETWEEN: 1. RAVI @ CHIKKALAKKAPPA A-1 AGED 48 YEARS S/O LAKKAPPA RESIDING AT NO.203 KEMPEGOWDANAGARA HONAGANAHATTI, TAVAREKERE BENGALURU PIN - 562 132. 2. NANJAPPA C A-2 AGED 38 YEARS S/O CHIKKARANGAIAH RESIDING AT NELAMANGALA AVALAKUPPE, MOTTAGANAHALLI NELAMANGALA, PIN - 562 123. …PETITIONERS (BY SRI PARTHA SARATHY M, ADV.) AND: STATE OF KARNATAKA BY BIDADI 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 BAIL IN CR.NO.398/2023 AND IN S.C NO.30/024, OF BIDADI POLICE, Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16909 CRL.P No. 4802 of 2025 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT RAMANAGARA FOR THE ALLEGED OFFENCES 302 AND 201 R/W SECTION 34 OF IPC IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in SC No.30/2024 pending before the Court of Principal District and Sessions Judge, Ramanagara, arising out of Crime No.398/2023 registered by Bidadi Police Station, Ramanagara, for the offences punishable under Sections 302, 201 read with Section 34 of IPC, are before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.398/2023 was registered by Bidadi Police Station, Ramanagara, for the aforesaid offences against petitioners herein and two others based on the first information dated 14.12.2023 received from Chikkarangaiah S/o late Nanjappa, husband of Thimmakka. During the course of investigation, petitioners herein were arrested on 14.12.2023. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences. Bail application filed by - 3 - NC: 2025:KHC:16909 CRL.P No. 4802 of 2025 them before the jurisdictional Sessions Court in Crl.Misc.No.352/2024 was rejected on 03.05.2024. Therefore, they are before this Court. 4. Petitioners herein are the son and son-in-law of deceased Thimmakka. It appears that there was certain civil disputes between the family members and on 18.02.2023, Manjunath, who is the son of deceased had filed a missing complaint stating that his mother Thimmakka was missing and therefore, FIR in Crime No.41/2023 was registered by Nelamangala Police. Subsequently on 26.03.2023, dead body of a female was traced by the police and a UDR case was registered. During the course of investigation in Crime No.41/2023, Nelamangala Police had summoned the first informant in Crime No.41/2023 and his relatives and the photograph of the deceased in the UDR case was shown to them and after the relatives of the deceased Thimmakka had identified the dead body, FIR in Crime No.398/2023 was registered against the petitioners herein and others based on the first information received from the husband of the deceased Thimmakka. - 4 - NC: 2025:KHC:16909 CRL.P No. 4802 of 2025 5. In the charge sheet, it is alleged that on 21.03.2023, Thimmakka had allegedly attempted to commit suicide by hanging herself in the bathroom of the house of CW4 - Jayanthi. The inmates of the house including Jayanthi, broke open the door of the bathroom and saved Thimmakka, who had attempted to commit suicide and the same was informed to the petitioners herein, who thereafter came to the house of CW4 and on the guise of taking Thimmakka to Hospital, had taken her along with them. Subsequently, when they reached near Vajarahalli lake, accused persons allegedly pushed Thimmakka, who was alive to the lake and thereafter, went away. Dead body of Thimmakka was traced by the police on 26.03.2023 in Vajarahalli lake. The entire case of the prosecution is based on circumstantial evidence. Before the Trial Court, four witnesses including material charge sheet witness - CW4, have been examined as PW1 to PW4. Petitioners do not have any criminal antecedents and are in custody from 14.12.2023. The prosecution in all has cited 48 charge sheet witnesses in the present case out of which, only four witnesses have been examined as on this date. Since the material charge sheet witnesses are already examined, there cannot be any - 5 - NC: 2025:KHC:16909 CRL.P No. 4802 of 2025 apprehension that they are likely to tamper with material charge sheet witnesses. Considering the aforesaid aspects of the matter and also the period of incarceration of the petitioners, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.30/2024 pending before the Court of Principal District and Sessions Judge, Ramanagara, arising out of Crime No.398/2023 registered by Bidadi Police Station, Ramanagara, for the offences punishable under Sections 302, 201 read with Section 34 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; - 6 - NC: 2025:KHC:16909 CRL.P No. 4802 of 2025 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; 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