- 1 - NC: 2025:KHC:17543 CRL.P No. 5388 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. 5388 OF 2025 BETWEEN: RAMA S/O LATE BHOJARAJ AGED ABOUT 42 YEARS R/A RAMPURA VILLAGE DEVASAMUDRA POST MONAKALMURU, CHITRADURGA KARNATAKA. …PETITIONER (BY SRI RANGANATH REDDY R, ADV.) AND: STATE BY BELLANDURU POLICE STATION, BANGALORE CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, (HIGH COURT OF KARNATAKA) PIN CODE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ORDER THE PETITIONER TO BE ENLARGED ON BAIL IN CR.NO.689/2024 REGISTERED BY BELLANDURU P.S., REGISTERED IN 41st ACMM, AT BANGALORE, PENDING AS CC.NO.1294/2025, FOR THE OFFENCES P/U/S 103,61,189(2),190,191(2),191(3),238,240 OF BNS ACT, 2023, PENDING BEFORE THE 41st ACMM, AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17543 CRL.P No. 5388 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.689/2024 registered by Bellanduru Police Station, Bengaluru City for the offences punishable under Sections 103, 61, 189(2), 190, 191(2), 191(3), 238, 239 & 240 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned appearing for the parties. 3. FIR in Crime No.689/2024 was registered by Bellanduru Police Station, Bengaluru City initially for the offence punishable under Section 103 of BNS, 2023 against unknown person, on the basis of first information dated 14.10.2024 received from Smt. Nagarathna W/o Tippesha. During the course of investigation, totally five persons were arrested and the petitioner, who is the wife of deceased Tippesha is arraigned as accused No.1 in the charge sheet. After completing investigation, charge sheet has been filed against five persons and the petitioner - 3 - NC: 2025:KHC:17543 CRL.P No. 5388 of 2025 herein who is arraigned as accused No.2 in the charge sheet has been arrested on 19.10.2024. 4. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.710/2025 was dismissed on 13.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents. Except the petitioner all other accused persons have been enlarged on bail by this Court. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 7. Perusal of the material on record would go to show that, entire case of the prosecution is based on circumstantial evidence. Accused No.1 Smt. Nagarathna allegedly had a illicit relationship with accused No.2 in the charge sheet. Therefore, accused Nos.1 and 2 had decided - 4 - NC: 2025:KHC:17543 CRL.P No. 5388 of 2025 to eliminate Tippesha, who was the husband of accused No.1 - Smt. Nagarathna. In furtherance of the aforesaid conspiracy, Tippesha was brought to eucalyptus tree garden, by accused No.1 and accused Nos.2 to 5, who were waiting in the eucalyptus tree garden along with accused No.1 assaulted deceased and committed his murder. 8. Accused Nos.1 and 4 have been granted regular bail by this Court in Crl.P.No.4335/2025 C/w Crl.P.No.4771/2025, accused No.3 has been granted regular bail by this Court in Crl.P.No.2510/2025 and accused No.5 has been granted regular bail by this Court in Crl.P.No.2696/2025. It is not in dispute that the petitioner has no other criminal antecedents. 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively on the ground of parity. 10. Accordingly, the following: - 5 - NC: 2025:KHC:17543 CRL.P No. 5388 of 2025 ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.689/2024 registered by Bellanduru Police Station, Bengaluru City for the offences punishable under Sections 103, 61, 189(2), 190, 191(2), 191(3), 238, 239 & 240 of BNS, 2023, subject to the following conditions: 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 leave the jurisdiction of the Trial Court without permission - 6 - NC: 2025:KHC:17543 CRL.P No. 5388 of 2025 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS