- 1 - HC-KAR NC: 2025:KHC:20973 CRL.P No. 7538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7538 OF 2025 BETWEEN: RENUKAIAH S/O LATE LAKKANNA, AGED ABOUT 40 YEARS, R/AT VIBHUTIKERE VILLAGE KAILANCHA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 160. …PETITIONER (BY SRI. BHASKARA HEGGADE C K.,ADVOCATE) AND: THE STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE RAMANAGARA DISTRICT - 562159 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 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 ALLOW THIS APPLICATION AND GRANT BAIL IN THIS FAVOUR AND THIS HONBLE COURT TO RELEASE ON BAIL IN CR.NO.75/2024 AND S.C.NO.85/2024 OFFENCE P/U/S 302, 201 AND 114 R/W 34 OF IPC, WHO ARRAYED AS ACCUSED RESPECTIVELY, REGISTERED BY RAMANAGARA RURAL POLICE, WHICH IS PENDING ON THE FILE HONBLE 3RD ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA COURT Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20973 CRL.P No. 7538 of 2025 ON AY REASONABLE CONDITIONS, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.85/2024 pending before the Court of 3rd Addl. District and Sessions Judge, Ramanagar, arising out of Crime No.75/2024 registered by Ramanagara Rural Police Station, Ramanagar, for the offences punishable under Sections 302, 201 and 114 r/w Section 34 of IPC, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.75/2024 was registered by Ramanagara Rural Police Station, Ramanagar, against the petitioner and his mother for the aforesaid offences on the basis of first information dated 04.04.2024 received from Smt.Shivamma, wife of deceased Beeraiah. During the - 3 - HC-KAR NC: 2025:KHC:20973 CRL.P No. 7538 of 2025 course of investigation of the case, the petitioner herein was arrested on 05.04.2024 and subsequently remanded to judicial custody. After completion of investigation charge sheet has been filed against two persons. Petitioner is arraigned as accused No.1 and his mother is arraigned as accused No.2 respectively in the charge sheet. Deceased Beeraiah is the elder brother of the petitioner. 4. The bail application filed by the petitioner in Crl.Misc.No.92/2025 before the Trial Court was rejected on 05.03.2025. Therefore, he is before this Court. 5. In the first information which is submitted by the wife of the deceased, she has stated that there is a dispute between the brothers regarding the family properties. Petitioner and his mother (A2) together stayed separately and deceased and his family were staying separately. On 03.04.2024 at about 10.00 a.m. accused No.2 allegedly had abused the first informant who was washing clothes near her house. Thereafter, petitioner also came to the said spot and abused the first informant. At - 4 - HC-KAR NC: 2025:KHC:20973 CRL.P No. 7538 of 2025 the said time Beeraiah was not in the house. On the same day at about 5.00 p.m. Beeraiah had gone to his agricultural land but had not returned home. On 04.04.2024 his dead body was found near his agricultural land at about 9.45 a.m. Thereafter, FIR was registered against the petitioner and his mother based on the first information submitted by the wife of Beeraiah. After completion of investigation, charge sheet has been filed against the petitioner and accused No.2. Allegation in the charge sheet is that petitioner herein with an intension to claim the family property had decided to eliminate his brother- Beeraiah and on 03.04.2024 he had followed his brother to their agricultural land and at about 5.15 p.m. he has assaulted Beeraiah with his hand and thereafter strangulated his neck with a towel and committed his murder. Subsequently he also allegedly tried to burn the dead body and had returned home. 6. Perusal of post mortem report of the deceased would go to show that death of the deceased was due to - 5 - HC-KAR NC: 2025:KHC:20973 CRL.P No. 7538 of 2025 compression over neck structures. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, the petitioner has no criminal antecedents. Accused No.2 who is the mother of the petitioner has already been enlarged on bail. Petitioner is required to take care of his mother. Investigation of the case is completed. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.75/2024 registered by Ramanagara Rural Police Station, Ramanagar, for the offences punishable under Sections 302, 201 and 114 r/w Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) - 6 - HC-KAR NC: 2025:KHC:20973 CRL.P No. 7538 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 2 Sl No.: 6