- 1 - HC-KAR NC: 2025:KHC:19855 CRL.P No. 7038 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7038 OF 2025 BETWEEN: MANIKANTA S/O CHANDRAPPA AGED ABOUT 25 YEARS R/AT VADAKODIGE DOUBLE BRIDGE, KOLIGE VILLAGE THIRTHAHALLI TALUK SHIVAMOGGA - 577 201. …PETITIONER (BY SRI PRASAD B.S, ADV.) AND: STATE OF KARNATAKA BY AGUMBE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 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 ENLARGE THE PETITIONER ON BAIL IN SC.NO.179/2024, PENDING ON THE FIOLE OF III ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, FOR CRIME NO.56/2024 THE OFFENCES P/U/S 302,201 OF IPC, REGISTERED BY THE RESPONDENT AGUMBHE POLICE. 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:19855 CRL.P No. 7038 of 2025 ORAL ORDER 1. Accused in SC No.179/2024 pending before the Court of III Addl. District and Sessions Judge, Shivamogga, arising out of Crime No.56/2024 registered by Agumbe Police Station, Shivamogga, for the offences punishable under Sections 302 and 201 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.56/2024 was registered by Agumbe Police Station, Shivamogga, for the aforesaid offences against the petitioner herein, based on the first information dated 07.07.2024 received from Kushal S/o Ramappa, who is the father of deceased Pooja. The petitioner, who was arrested in the present case on 07.07.2024, was subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by him before the Trial Court in S.C.No.179/2024 was rejected on 19.03.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:19855 CRL.P No. 7038 of 2025 4. Perusal of the material on record would go to show that Pooja, daughter of the first information, who had gone out of her house on 29.06.2024, had not returned home and therefore, on 30.06.2024, first informant had approached Agumbe Police Station and submitted a missing complaint. In the first information which is now filed on 07.07.2024 based on which FIR in Crime No.56/2024 is registered, it is stated that the first informant and his family members were summoned to Agumbe Police Station on 07.07.2024 and when they reached the Police Station, they found the petitioner herein who is their distant relative and he allegedly had confessed to the crime committed by him and it is in these circumstances based on the first information submitted by father of Pooja thereafter, FIR has been registered against the petitioner. Investigation of the case is completed and charge sheet has been filed. As per the charge sheet allegations, petitioner and the deceased were in love for a period of about six years. The deceased who was thereafter married to one Sri. Sridhar had subsequently deserted him and had returned to her parents' house. However, she continued her relationship with the petitioner. - 4 - HC-KAR NC: 2025:KHC:19855 CRL.P No. 7038 of 2025 Subsequently, the petitioner found that Pooja was talking and roaming with some other boys and therefore, he decided to eliminate her and therefore on 29.06.2024, he took Pooja in a car bearing registration No.KA20N9336 and in an isolated place in Kavalegudda Forest, he allegedly strangulated the neck of Pooja and committed her murder and thereafter, disposed of her dead body in a Valley in the Forest area. The dead body of the deceased was allegedly recovered at the instance of the petitioner. 5. The entire case of the prosecution is based on circumstantial evidence. Post Mortem Report of the deceased would go to show that the cause of death could not be ascertained due to the advanced stage of decomposition of the dead body. Undisputedly, petitioner has no other criminal antecedents and is in custody for the last about 11 months. Investigation of the case is completed and charge sheet has been filed. The trial of the case is yet to commence. The allegations made against the petitioner in the charge sheet is required to be proved in a full fledged trial. Under these circumstances, I am of the opinion that the prayer made by the - 5 - HC-KAR NC: 2025:KHC:19855 CRL.P No. 7038 of 2025 petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.179/2024 pending before the Court of III Addl. District and Sessions Judge, Shivamogga, arising out of Crime No.56/2024 registered by Agumbe Police Station, Shivamogga, for the offences punishable under Sections 302 and 201 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 involve in similar offences in future; - 6 - HC-KAR NC: 2025:KHC:19855 CRL.P No. 7038 of 2025 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN