- 1 - HC-KAR NC: 2025:KHC:24522 CRL.P No. 6785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6785 OF 2025 BETWEEN: SRI SAGAR K.S S/O OM SHIVA SHANKAR AGED ABOUT 21 YEARS RESIDING AT NO.101, 1ST FLOOR BDA APARTMENTS NEAR MYLASANDRA R.V.COLLEGE, BENGALURU - 560 060. …PETITIONER (BY SRI LEELADHAR H.P, ADV.) AND: STATE OF KARNATAKA BY HIGH GROUNDS P.S. BENGALURU CITY, REP SPP HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.128/2024 OF THE HIGH GROUNDS POLICE STATION NOW CHARGE SHEET HAS BEEN FILED IN CC NO.28716/2024 FOR THE O/P/U/S 302, 120B, 201, 345 OF IPC AND ALSO SECTION 83(2) JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015 AND SECTION 4, 25 (1)(B)(b) OF ARMS ACT NOW PENDING ON THE FILE OF THE XLV ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH-46) IN S.C NO.1132/2024 BY IMPOSING ANY CONDITION OR CONDITIONS AS THE HONBLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24522 CRL.P No. 6785 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in S.C.No.1132/2024 pending before the Court of XLV Addl. City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.128/2024 registered by High Grounds Police Station, Bengaluru City, for the offences punishable under Sections 302, 120B, 201, 35 of IPC, Section 83(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, and Sections 4, 25(1)(B)(b) of Arms Act, is before this Court under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.128/2024 was registered by High Grounds Police Station, Bengaluru City, initially for the offences punishable under Sections 302 & 120B of IPC against the petitioner herein and others based on the first information dated 11.06.2024 received from Anil Kumar who is the son of deceased Smt. Somini Satyabhama. During the course of investigation, petitioner herein was arrested on 12.06.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons - 3 - HC-KAR NC: 2025:KHC:24522 CRL.P No. 6785 of 2025 including a juvenile accused. Petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the Trial Court in S.C.No.1132/2024 was rejected on 19.03.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner has been falsely implicated for the reason that family of the petitioner and the family of the deceased have a civil dispute between themselves. There is no material to connect the petitioner to the crime. Accused nos.3 & 4 have been granted regular bail by this Court in Crl.P.No.11862/2024. Accused no.5 has been granted regular bail by the jurisdictional Sessions Court. Petitioner who has no criminal antecedents is in custody from 12.06.2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that the accused persons had a strong motive to commit the murder of the deceased. The act committed by the petitioner and the juvenile has been recorded in the CCTV footage which has been collected by the Investigation Officer during the course of investigation. Petitioner and the juvenile - 4 - HC-KAR NC: 2025:KHC:24522 CRL.P No. 6785 of 2025 who was present along with him at the time of committing the murder of deceased are clearly visible in the video footage and the petitioner has been identified by the first informant who is closely related to the petitioner. Since the parties are closely related, the chances of petitioner tampering with the prosecution witnesses cannot be ruled out. Accordingly, she prays to dismiss the petition. 6. The material on record would go to show that deceased Somini Satyabhama was the elder sister of accused no.3 who is the father of the petitioner herein. It appears that there is a civil dispute between the family members and multiple civil litigations and criminal cases are pending within the family members. The prosecution has alleged that accused nos.1 & 3, therefore, had a strong motive as against the deceased. The FIR has been registered against accused nos.1 & 3 and others based on the first information submitted by the son of the deceased. In the first information, it is stated that on 11.06.2024, he had received information that his mother was murdered near Windsor Manor Hotel within the jurisdiction of High Grounds Police Station, Bengaluru. Immediately - 5 - HC-KAR NC: 2025:KHC:24522 CRL.P No. 6785 of 2025 thereafter, the first informant went near the spot of crime and after verifying the CCTV footage of Windsor Manor Hotel in which the deceased was working as a nurse, he found petitioner and another were the persons who had assaulted his mother with deadly weapons and it is in this background, the first information was submitted against the petitioner and others. 7. Learned HCGP has brought to the notice of this Court that the CCTV footage in which the crime committed by the accused has been recorded, has been collected by the Investigation Officer during the course of investigation and photographs of certain video footages has been produced by her before this Court and perusal of the same would go to show that the persons found in the said photographs can be clearly identified. 8. Petitioner had assaulted the deceased who was his aunt with a machete. The postmortem of the deceased would go to show that she had suffered multiple injuries on her body and as many as 18 chop wounds and incised wounds were found in her dead body. The crime was committed by the accused in a public - 6 - HC-KAR NC: 2025:KHC:24522 CRL.P No. 6785 of 2025 place during day time and the alleged crime has been witnessed by CWs-6 to 8. 9. Accused nos.3 to 5 were undisputedly not present at the spot of crime, and therefore, they are granted bail. The petitioner and the juvenile were the persons who were present at the spot of crime and petitioner is the person who had allegedly assaulted the deceased with deadly weapon and committed her murder. Under the circumstances, I am of the opinion that at this stage, petitioner's prayer for grant of regular bail cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK