- 1 - NC: 2025:KHC:17447 CRL.P No. 5256 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5256 OF 2025 BETWEEN: SRI. VINODA .V. S/O LATE VENKATARAMANA AGED ABOUT 35 YEARS RESIDING AT #114, HOSAKERI BEEDI, PERIYAPATNA TOWN, MYSURU DISTRICT - 571 107 (IN J.C FROM 15.10.2024) …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: STATE OF KARNATAKA BY METAGALLI POLICE STATION, MYSURU DISTRICT, PIN CODE - 570 016 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER REGISTERED IN CR.NO.118/2024 OF MEGAGALLI P.S., FOR THE OFFENCES P/U/S 103(1), 61(2), 49, 238 R/W 3(5) OF BNS, PENDING ON THE FILE OF V ADDITIONAL SESSIONS JUDGE, MYSURU, IN SC.NO.42/2025, BY ALLOWING THIS PETITION. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17447 CRL.P No. 5256 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.42/2025 pending before the Court of V Additional District and Sessions Judge, Mysuru, arising out of Crime No.118/2024 registered by Metagalli Police Station, Mysuru, for offences punishable under Sections 103(1), 61(2), 49, 238 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.118/2024 was registered by Metagalli Police Station, Mysuru against the petitioner initially for offence punishable under Section 103(1)of BNS on the basis of the first information dated 14.10.2024 received from Smt. Tirumalamma -maternal aunt of deceased-Manoj. 4. During the course of investigation of the case, petitioner herein was arrested on 15.10.2024 and subsequently, remanded to judicial custody. After completing - 3 - NC: 2025:KHC:17447 CRL.P No. 5256 of 2025 investigation, charge sheet has been filed against two persons. Petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.42/2025 was rejected on 11.03.2025. Therefore, the petitioner is before this Court. 5. Perusal of the material on record would go to show that deceased is the younger brother of the petitioner's wife- Smt.Kavya. It appears that, deceased was a chronic drunkard. On 06.10.2024, deceased had fought with his uncle - Ravi and had suffered injuries and therefore, he was admitted in a hospital. In the first information it is stated that, petitioner was taking care of Manoj when he was admitted in the hospital and after discharge of Manoj, petitioner and Manoj were staying in a private lodge at Mysuru. On 14.10.2024, petitioner allegedly had confessed to the first informant about he committing murder of Manoj in the room of the lodge in which they were staying and it is under these circumstances, FIR was initially registered against the petitioner. 6. During the course of investigation of the case, two persons were arrested and after completing investigation, - 4 - NC: 2025:KHC:17447 CRL.P No. 5256 of 2025 charge sheet has been filed against them. Petitioner is arrayed as accused No.1 in the charge sheet. As per the charge sheet allegations, Manoj who was injured in the incident in question that had taken place on 06.10.2024 was threatening to commit the murder of the persons who had assaulted him on 06.10.2024. It appears that accused No.2 was also present when the incident of assault on Manoj had taken place on 06.10.2024 and therefore, petitioner had brought to his notice about the threat from Manoj. Even after Manoj was discharged from the hospital where he was admitted to take treatment for the injury suffered by him in the incident that had taken place on 06.10.2024, he was threatening to commit the murder of accused No.2 and other persons who had assaulted him on 06.10.2024. It is in this background, accused Nos. 1 and 2 allegedly had conspired to commit the murder of Manoj and in furtherance of said conspiracy, on the intervening night of 13.10.2024 and 14.10.2024 petitioner who allegedly made Manoj to consume alcohol along with sedative tablets, had thereafter allegedly assaulted Manoj inside the room of the lodge with a machete and committed his murder. In the charge - 5 - NC: 2025:KHC:17447 CRL.P No. 5256 of 2025 sheet, it is alleged that petitioner had a strong motive to commit the murder of his brother-in-law - Manoj. 7. Material on record would go to show that Manoj who was a chronic drunkard had earlier gone to the house of the petitioner and had demanded money from Smt. Kavya who is the wife of petitioner and elder sister of deceased, to consume alcohol. When she had refused to pay money, Manoj allegedly had kicked on her stomach and as a result her pregnancy was terminated. She was admitted in a hospital and the Doctor in the hospital had informed that in future she may not conceive. 8. The entire case of prosecution is based on circumstantial evidence. Petitioner who has no other criminal antecedents is in custody from 15.10.2024. Investigation of the case is completed and the charge sheet is filed. Accused No.2 has been granted regular bail in the present case by the jurisdictional Sessions Court. Trial in the case is yet to commence. Prosecution in all has cited 72 charge sheet witnesses in the present case. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made - 6 - NC: 2025:KHC:17447 CRL.P No. 5256 of 2025 by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.118/2024 registered by Metagalli Police Station, for offences punishable under Sections 103(1), 61(2), 49, 238 read with Section 3(5) of BNS, subject to the following conditions: a) Petitioner shall execute 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; - 7 - NC: 2025:KHC:17447 CRL.P No. 5256 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 SPV List No.: 1 Sl No.: 61