- 1 - NC: 2025:KHC:17701 CRL.P No. 5461 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5461 OF 2025 BETWEEN: KARTHIKA A S/O LATE ANGAMUTTU, AGED ABOUT 38 YEARS, RESIDENT OF KODASOGE VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGAR DISTRICT - 571 111. PRESENTLY AT FARM HOUSE, MANGALAHOSURU VILLAGE, SANTHEMRANAHALLI HOBLI, CHAMARAJANAGAR DISTRICT - 571 111. …PETITIONER (BY SRI. OMKAR MUTTAGI, ADVOCATE FOR SRI. M. SHARASS CHANDRA, ADVOCATE) AND: THE STATE OF KARNATAKA BY SANTEMARALLI P.S. CHAMARAJANAGAR DISTRICT. (THROUGH THE S.P.P., HIGH COURT PREMISES, BENGALURU CITY - 560 001. …RESPONDENT (BY SMT. WAHEEDA M M., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL ON S.C.NO.12/2024 TRIED FOR OFFENCES P/U/S 302 OF IPC, PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSION JUDGE, CHAMARAJANAGARA AT CHAMARAJANAGAR. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17701 CRL.P No. 5461 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in SC No.12/2024 pending before the Court of Prl. District and Sessions Judge, Chamarajanagar, arising out of Crime No.69/2023 registered by the Santemaralli Police Station, Chamarajanagar District, for offence punishable under Section 302 of IPC, is 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. 69/2023 was registered by the Santemaralli Police Station, Chamarajanagar District, against the petitioner herein based on the first information dated 21.10.2023 received from Smt.Selvamma, who is the mother of deceased Smt.Radhika. During the course of investigation, petitioner herein was arrested on 22.10.2023 and subsequently remanded to the judicial custody. After completion of investigation charge sheet has been filed against petitioner. His bail application filed before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:17701 CRL.P No. 5461 of 2025 SC.No.12/2024, was rejected on 15.03.2025. Therefore, he is before this court. 4. A perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. FIR in Crime No.69/2023 was initially registered against the petitioner, since the first informant suspected the petitioner who is the husband of the deceased, after the dead body of deceased was found. During the course of investigation, petitioner herein was arrested on 22.10.2023 and after completion of investigation, charge sheet has been filed. Before the Trial Court the prosecution has in all examined 13 charge sheet witnesses as PW.1 to PW.13. 5. Learned counsel for the petitioner has pointed out to this Court that the material charge sheet witnesses have turned hostile to the case of the prosecution. The fact remains that the case of the prosecution is based on the circumstantial evidence and the material charge sheet witnesses are already examined before the Trial Court. Petitioner has no criminal antecedents. Since material charge sheet witnesses are already examined before the Trial Court, there cannot be any apprehension that the petitioner is likely to tamper with the - 4 - NC: 2025:KHC:17701 CRL.P No. 5461 of 2025 material charge sheet witnesses. In the charge sheet, the prosecution has cited 37 charge sheet witnesses. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on merits or demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following; ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in SC.No. 12/2024 pending before the Prl. District and Sessions Judge, Chamarajanagar, arising out of Crime No. 69/2023, registered by the Santemaralli Police Station, Chamarajanagar District, for the offence punishable under Sections 302 of IPC, 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 - 5 - NC: 2025:KHC:17701 CRL.P No. 5461 of 2025 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; 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 SRK List No.: 1 Sl No.: 8 CT:SK