- 1 - HC-KAR NC: 2025:KHC:21668 CRL.P No. 5725 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5725 OF 2025 BETWEEN: KIRAN Y N S/O NAGARAJU, AGED ABOUT 30 YEARS, R/AT YEDAVANAHALLI VILLAGE, KUNDURU HOBLI, ALURU TALUK, HASSAN DISTRICT - 573 201. NOW R/AT NO.211, WARD NO.3, HEBBAL, 1ST STAGE, SURYA BAKERY, SUBHASHNAGAR, MYSURU CITY - 570 016. …PETITIONER (BY SRI. ANSHUMAN A.,ADVOCATE) AND: STATE OF KARNATAKA BY K. R SAGAR POLICE STATION, BANGALORE, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER ON BAIL IN CR.NO.189/2025 (CRIME NO.183/2024) OF Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21668 CRL.P No. 5725 of 2025 RESPONDENT K.R. SAGARA POLICE FOR THE OFENCES P/U/S.103(1), 238 OF BNS ACT PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, S.R. PATNA, MANDYA DISTRICT. 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 Crime No.183/2024 registered by K.R.Sagar Police Station, Mandya District, for the offences punishable under Sections 103(1), 238 of BNS 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.183/2024 was registered by K.R.Sagar Police Station, Mandya District, against the petitioner herein for the aforesaid offences on the basis of first information dated 21.11.2024 received from Mohana A.P brother of deceased Prameela. During the course of investigation of the case, the petitioner herein was arrested on 21.11.2024 and subsequently remanded to judicial custody. - 3 - HC-KAR NC: 2025:KHC:21668 CRL.P No. 5725 of 2025 After completing investigation charge sheet has been filed against him for the aforesaid offences. 4. The bail application filed by the petitioner in Crl.Misc.No.5103/2025 before the jurisdictional Sessions Court was rejected on 03.04.2025. Therefore, he is before this Court. 5. In the first information dated 21.11.2024 which is filed by the brother of deceased Prameela, first informant has stated that his sister who was a widow had subsequently married the petitioner herein about 5 years prior to the date of registration of FIR. It is further stated in the first information that on 21.11.2024, Deekshita d/o deceased Prameela had informed the first informant that at about 2.00 p.m. on the day before, the petitioner who came home had quarreled with her mother and thereafter petitioner herein had taken her mother along with him for the purpose of purchasing fish and subsequently he had returned home alone. When enquired he had not informed Deekshita the whereabouts of her mother. It is in this background first informant had approached the police on 21.11.2024 and after seeing the photograph of deceased - 4 - HC-KAR NC: 2025:KHC:21668 CRL.P No. 5725 of 2025 lady which was shown to him by the police, he had identified the dead body and thereafter FIR was registered against the petitioner. 6. Perusal of the material available on record would go to show that UDR case was initially registered in the present case on the basis of complaint received from Komala, w/o Madhu on 19.11.2024 after a dead body of a unknown female was found by her floating in Varuna canal. The photo of the dead body of the very same lady which was found by Komala was shown to the brother of the deceased by the Police and thereafter FIR was registered against the petitioner. Therefore, it is apparent that as on 19.11.2024, Prameela had already died and according to the prosecution, petitioner had committed her murder on 17.11.2024 itself. However, in the first information it is stated that first informant was informed by Deekshita, d/o deceased Prameela that the day before 21.11.2024 petitioner and her mother Prameela had quarreled with each other and petitioner had taken Prameela along with him. The statement found in the first information appears to be prima facie incorrect, since Prameela had already died much - 5 - HC-KAR NC: 2025:KHC:21668 CRL.P No. 5725 of 2025 prior to 20.11.2024. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, petitioner has no criminal antecedents and he is in judicial custody from 21.11.2024. Considering the above aspect of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.183/2024 registered by K.R.Sagar Police Station, Mandya District, for the offences punishable under Sections 103(1), 238 of BNS 2023, subject to the following conditions: a) Petitioner shall execute 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; - 6 - HC-KAR NC: 2025:KHC:21668 CRL.P No. 5725 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 1 Sl No.: 54