- 1 - HC-KAR NC: 2025:KHC:19222 CRL.P No. 5793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5793 OF 2025 BETWEEN: PANDU K.A @ PANDU K.A S/O ANNAPPA AGED ABOUT 48 YEARS RESIDENT OF GEROSIYA COLONY KOPPA VILLAGE, PIRIYAPATN TALUK MYSURU DISTRICT, PIN - 571 104. …PETITIONER (BY SRI M. SHARASS CHANDRA, ADV.) AND: THE STATE OF KARNATAKA BY BYLUKOPPE P.S. MYSURU DISTRICT (THROUGH THE S.P.P HIGH COURT PREMISES BENGALURU CITY - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL ON S.C.NO.5014/2025 (CR.NO.216/2024) BYLAKUPPE P.S. MYSURU DISTRICT FOR THE OFFENCE P/U/S 103(1),238,240 OF BNS PENDING ON THE FILE OF VIII ADDL.DISTRICT AND SESSION COURT AT MYSURU SITTING AT HUNASURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19222 CRL.P No. 5793 of 2025 ORAL ORDER 1. Accused in S.C.No.5014/2025 pending before the Court of VIII Addl. District & Sessions Judge, Mysuru, sitting at Hunsur, arising out of Crime No.216/2024 registered by Bylakuppe Police Station, Mysuru District, for the offences punishable under Sections 103(1), 238, 240 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.216/2024 was registered in the present case in Crime No.216/2024 by Bylakuppe Police Station, Mysuru District, initially for the offences punishable under Sections 281, 106 of BNS, 2023, and Section 187 of the Indian Motor Vehicles Act, 1988, against unknown persons based on the first information received from the petitioner herein who is the son of deceased Annappa. During the course of investigation, petitioner was arrested on 26.12.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the - 3 - HC-KAR NC: 2025:KHC:19222 CRL.P No. 5793 of 2025 petitioner before the Trial Court in S.C.No.5014/2025 was rejected on 11.04.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that the petitioner has been falsely implicated and there is no material to connect the petitioner to the crime. The case of the prosecution is based on the circumstantial evidence. Petitioner has no criminal antecedents. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition and submits that the petitioner had a strong motive to commit the murder of his son and he has filed a false complaint before the police thereafter. During the course of investigation, the prosecution has collected sufficient material to connect the petitioner to the crime. Accordingly, he prays to dismiss the petition. 6. First information was submitted by the petitioner herein in the present case, based on which FIR in Crime No.216/2024 was initially registered against unknown persons for the - 4 - HC-KAR NC: 2025:KHC:19222 CRL.P No. 5793 of 2025 offences punishable under Sections 281, 106 of BNS, 2023, and Section 187 of the Indian Motor Vehicles Act, 1988. In the first information which was submitted by the petitioner on 25.12.2024 at about 16.20 hours, he has stated that he was informed by his uncle that his father Annappa had met with an accident and had died. Thereafter, petitioner and his brother had gone to the hospital where they had seen the dead body of their father and subsequently, petitioner had approached the police and submitted his first information, based on which FIR was registered against unknown persons. During the course of investigation, petitioner was arrested on 26.12.2024 and after completing the investigation, charge sheet has been filed against him for the aforesaid offences. 7. In the charge sheet, it is alleged that petitioner had subscribed for a life insurance policy in the name of his father and petitioner was the nominee in the said life insurance policy. Petitioner himself was paying the periodical premium amount of the policy. It is alleged that petitioner had subscribed to the insurance policy with ulterior motives and he had the intention - 5 - HC-KAR NC: 2025:KHC:19222 CRL.P No. 5793 of 2025 to commit the murder of his father and make unlawful gain by claiming the insured amount. 8. On 25.12.2024, when Annappa was working in Sy. No.12 of Guddenahalli village, petitioner allegedly came there in a car and assaulted his father Annappa with a wooden club on his head and committed his murder. Thereafter, he had shifted the dead body in a car and disposed of the same on B.M.Road situated within the jurisdiction of Bylakuppe Police Station at about 2.00 p.m. Immediately thereafter, at about 2.15 p.m., he had called the police station on his mobile phone bearing No.9141763285 and informed them that an accident had taken place and asked them to send an ambulance to the spot of accident and had left the place. 9. In the first information, it is stated that on 25.12.2024 petitioner was informed about the accident by his uncle at about 2.30 p.m., and thereafter, he and his brother went to the hospital and found the dead body of their father. First information was submitted before the police at about 16.20 hours on 25.12.2024. - 6 - HC-KAR NC: 2025:KHC:19222 CRL.P No. 5793 of 2025 10. During the course of investigation, when the call records of the police station was verified, it was found that on 25.12.2024 at about 2.15 p.m., they had received a phone call from the petitioner's mobile phone, and therefore, it is apparent that it was the petitioner who had called the police at 2.15 p.m., and had informed them that an accident had taken place. 11. The material on record would go to show that at the spot of the accident, except the dead body of the deceased, there was no other material which would suggest that a road traffic accident had taken place. During the course of investigation, petitioner was arrested and at this instance, from the spot of crime, the mud which was stained with blood was collected and the weapon used for the purpose of assaulting the deceased on his head was also recovered. The police have collected few hairs which were available on the weapon used to assault the deceased on his head. The DNA test report would go to show that the said hair has matched with the DNA of the deceased. There is also an allegation in the charge sheet that after the crime was committed, petitioner had burnt the clothes which he - 7 - HC-KAR NC: 2025:KHC:19222 CRL.P No. 5793 of 2025 was wearing at the time of incident and police have recovered the burnt material from the spot where the clothes were burnt. The Investigation Officer has collected sufficient material to connect the petitioner to the crime. 12. In addition to the same, the material on record would go to show that the petitioner had submitted a false complaint before the police alleging that his father had died in the road accident. Petitioner was the person who had initially informed the police about the alleged accident which is much prior to he submitting the first information to the police. Therefore, the aforesaid circumstances clearly make out a strong case as against the petitioner and the prosecution has also pointed out the motive for committing the alleged crime. Under the circumstances, I am of the opinion at this stage, the prayer made by the petitioner for grant of regular bail cannot be entertained. Petition is accordingly dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK