- 1 - HC-KAR NC: 2025:KHC:21826 CRL.P No. 6906 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. 6906 OF 2025 BETWEEN: SRI DHARMENDRA KUMAR SAHANI S/O SRI SURENDER SHANI AGED ABOUT 37 YEARS RESIDENT OF CHARAPAN BUJURAG VILLAGE, DAWARAPUR POST GORAKHPUR, UTTAR PRADESH - 273 016 (CURRENTLY AN UNDER TRIAL PRISONER) …PETITIONER (BY SRI AMRUTHESH C, ADV.) AND: THE STATE OF KARNATAKA , BY BRAHMAVARA POLICE STATION UDUPI DISTRICT - 576 213, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON REGULAR BAIL IN CONNECTION WITH S.C.NO.37/2021 PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSION JUDGE, UDUPI FOR THE OFFENCE P/US/ 120-B,449,302,392,204,201 R/W SEC.34 OF IPC 1860. 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:21826 CRL.P No. 6906 of 2025 ORAL ORDER Accused No.4 in S.C.No.37/2021 pending before the Court of II Addl. District & Sessions Judge, Udupi, arising out of Crime No.133/2021 registered by Brahmavar Police Station, Udupi District, for the offences punishable under Sections 120(B), 449, 302, 392, 204, 201 R/w 34 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.133/2021 was registered by Brahmavar Police Station, Udupi District initially for the offences punishable under Sections 449, 302 & 392 of IPC against unknown person, on the basis of first information dated 12.07.2021 received from Sri Vasu Ganiga S/o late Shesha Ganiga, who is the father of deceased Smt. Vishala Ganiga. After completing investigation, charge sheet was filed against four persons and the petitioner herein is arraigned as accused No.4 in the charge sheet. In the said - 3 - HC-KAR NC: 2025:KHC:21826 CRL.P No. 6906 of 2025 case, the petitioner was arrested on 02.03.2024 and subsequently remanded to judicial custody. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.37/2021 was dismissed on 27.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that allegation against the petitioner is that he had introduced accused Nos.2 and 3, who are assailants in the present case, to accused No.1, who is the husband of deceased Smt. Vishala Ganiga. The petitioner has no criminal antecedents. Accused No.1 has been granted regular bail by this Court in Crl.P.No.699/2025 disposed of on 13.02.2025. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:21826 CRL.P No. 6906 of 2025 7. FIR in the present case was initially registered against unknown person. Accused No.1 was arrested in the present case on 21.07.2021. After completing investigation, charge sheet has been filed against four persons. As per charge sheet allegation, relationship of accused No.1 with his wife deceased Vishala Ganiga was strained and therefore he intended to eliminate her and in this regard he had contacted the petitioner herein, who was working along with him in Dubai and in turn the petitioner had allegedly introduced accused Nos.2 and 3 to accused No.1. Thereafter, accused No.1 allegedly gave contract to accused Nos.2 and 3 to commit the murder of his wife and also had paid certain advance amount to them. Accused Nos.2 and 3, who visited the house of the petitioner on 12.07.2021 allegedly had committed the murder of Smt. Vishala Ganiga by strangulating her neck using the cable of mobile phone charger. 8. The petitioner who has no criminal antecedents is in custody in the present case from 02.03.2024 - 5 - HC-KAR NC: 2025:KHC:21826 CRL.P No. 6906 of 2025 onwards. Out of the 92 charge sheet witnesses cited in the present case, till date only 13 charge sheet witnesses have been examined before the Trial Court. Therefore, chances of trial being completed and case being disposed of on merits in the near future is very remote. Accused No.1 has been granted regular bail by this Court in Crl.P.No.699/2025 disposed of on 13.02.2025. Accused Nos.2 and 3 are arrested and they are said to be in custody. 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 needs to be answered affirmatively subject to appropriate conditions. 10. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.37/2021 pending before the Court of II Addl. - 6 - HC-KAR NC: 2025:KHC:21826 CRL.P No. 6906 of 2025 District & Sessions Judge, Udupi, arising out of Crime No.133/2021 registered by Brahmavar Police Station, Udupi District, for the offences punishable under Sections 120(B), 449, 302, 392, 204, 201 R/w 34 of IPC, 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 (out of which, one surety shall be local surety), 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 involve in similar offences in future; e) The petitioner shall surrender his passport before the Trial Court and the same - 7 - HC-KAR NC: 2025:KHC:21826 CRL.P No. 6906 of 2025 shall be subject to further orders from the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS