- 1 - HC-KAR NC: 2025:KHC:19131 CRL.P No. 7447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7447 OF 2025 BETWEEN: SOMEGOWDA @ SWAMYGOWDA S/O LATE RAJEGOWDA AGED ABOUT 64 YEARS R/AT DINDAGADU VILLAGE PERIYAPATNA, TALUK, MYSURU DISTRICT - 571 107. …PETITIONER (BY SRI VEERABHADRA SWAMY H.P, ADV.) AND: THE STATE OF KARNATAKA BY BETTADAPURA POLICE STATION MYSURU DISTRICT, REPT.BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.16/2025 FOR THE OFFENCE P/U/S.498(A), 302, 201 OF IPC. THE COMPLAINT FILED BY THE RESPONDENT BETTADAPURA POLICE, BYLAKUPPE CIRCLE, PENDING BEFORE THE HONBLE V ADDL. SESSIONS JUDGE AT MYSURU, BY ALLOWING THIS BAIL PETITION. 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:19131 CRL.P No. 7447 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.16/2025 pending before the Court of V Addl. Sessions Judge, Mysuru, arising out of Crime No.141/2024 registered by Bettadapura Police Station, Mysuru, for the offences punishable under Sections 498A, 302 and 201 of IPC, 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.141/2024 was registered by Bettadapura Police Station, Mysuru, for the aforesaid offences against the petitioner based on the first information dated 24.09.2024 received from Shivashankara, PSI attached to Bettadapura Police Station, Mysuru. During the course of investigation of the case, petitioner herein was arrested on 24.09.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by him - 3 - HC-KAR NC: 2025:KHC:19131 CRL.P No. 7447 of 2025 before the Trial Court in SC No.16/2025 was rejected on 19.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner aged about 64 years, has no other criminal antecedents. There is an inordinate delay in registering the FIR in the present case. The entire case of the prosecution is based on the circumstantial evidence. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that there are strong circumstances connecting the petitioner to the crime and Post Mortem Report of the deceased would go to show that death is as a result of asphyxia as a result of strangulation. Accordingly, he prays to dismiss the petition. 6. A perusal of the material on record would go to show that deceased Lakshmamma is the second wife of the petitioner herein. On 18.08.2022, Manjegowda, who is the brother of deceased Lakshmamma had approached Bettadapura Police Station, Periyapatna Taluk, and submitted first information - 4 - HC-KAR NC: 2025:KHC:19131 CRL.P No. 7447 of 2025 stating that he was informed on 18.08.2022 at about 12.00 in the noon that his sister had hanged herself in her house and immediately thereafter, he had gone to the house of his sister and found her dead boy. Since he suspected foul play in the death of his sister, he had approached the police and based on his first information, UDR case in UDR No.26/2022 was initially registered on 18.08.2022. Subsequently, Post Mortem Report of the deceased which was issued on 19.08.2022 reflected that death of Smt. Lakshmamma, was due to asyphyxia as a result of strangulation. It is based on the said Post Mortem Report dated 19.08.2022, Investigation Officer has submitted a report on 24.09.2024 which has resulted in registering the FIR in Crime No.141/2024 against the petitioner for the aforesaid offences. Undisputedly, there is an inordinate delay in submitting the report by the Investigation Officer. Petitioner, who is aged about 64 years having no other criminal antecedents is in custody from 24.09.2024. Investigation in the case is completed and charge sheet has been filed. The entire case of the prosecution is based on circumstantial evidence. The allegations found against the petitioner is required to be proved in a full fledged trial. Under the circumstance, I am of - 5 - HC-KAR NC: 2025:KHC:19131 CRL.P No. 7447 of 2025 the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.16/2025 pending before the Court of V Addl. Sessions Judge, Mysuru, arising out of Crime No.141/2024 registered by Bettadapura Police Station, Mysuru, for the offences punishable under Sections 498A, 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:19131 CRL.P No. 7447 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