- 1 - HC-KAR NC: 2025:KHC:22966 CRL.P No. 7762 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7762 OF 2025 BETWEEN: SRI BHARATH KUMAR S/O JAYARAM AGED ABOUT 25 YEARS R/AT GUBDALAHALLI VILLAGE TEKAL HOBLI MALURU TALUK - 563 130, KOLAR DISTRICT AND ALSO AT SRI BHARATHA KUMAR S/O JAYARAM AGED ABOUT 25 YEARS R/AT KOMMANAHALLI VILLAGE TEKLA HOBLI MALURU TALUK - 563 130, KOLAR DISTRICT. …PETITIONER (BY SRI BASAVANNA M.D, ADV.) AND: THE STATE OF KARNATAKA REP BY MALURU POLICE STATION MALURU, BY ITS GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA BENGALURU - 01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT HIM AN ORDER OF REGULAR BAIL IN CR.NO.220/2024, OF THE RESPONDENT MALUR POLICE FOR AN O/P/U/S 103(1) OF BNS ACT (S.C NO.226/2024) ON THE FILE OF II ADDL. DISTRICT AND SESSION JUDGE AT KOLAR. 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:22966 CRL.P No. 7762 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.226/2024 pending before the Court of II Addl. District & Sessions Judge, Kolar, arising out of Crime No.220/2024 registered by Malur Police Station, Kolar District, for the offences punishable under Section 103(1) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.220/2024 was registered by Malur Police Station, Kolar District for the aforesaid offence against the petitioner herein, on the basis of first information dated 14.08.2024 received from Sri Muniraju H V S/o Late Venkataswamappa, father of deceased Divya, who was the wife of the petitioner herein. During the course of investigation, the petitioner herein was arrested - 3 - HC-KAR NC: 2025:KHC:22966 CRL.P No. 7762 of 2025 on 14.08.2024. After completing investigation, charge sheet has been filed against him for the aforesaid offence. 4. The bail application filed by the petitioner before the jurisdiction Sessions Court in S.C.No.226/2024 was rejected on 29.04.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the material on record would go to show that, the marriage of the deceased, who is the daughter of the first informant was performed with the petitioner about four years prior to the alleged date of incident. The couple had no issues from their wedlock. 8. It is alleged that the petitioner and his wife had some misunderstanding and on 12.08.2024, the deceased - 4 - HC-KAR NC: 2025:KHC:22966 CRL.P No. 7762 of 2025 Divya had left her matrimonial house without informing her husband and had gone somewhere. Thereafter, the petitioner and the first informant, who is the father of deceased had traced Divya at Kadugodi on 13.08.2024 and brought her back and she was thereafter living with her parents at Hijuvanahalli. 9. The allegation in the first information as well as in the charge sheet against the petitioner is that, on 14.08.2024, the petitioner, who came to the house of his father-in-law at Hijuvanahalli had allegedly fought with his wife and stabbed her with a button knife, which he had brought with him and committed her murder. 10. Undisputedly, the alleged incident, in which the petitioner had assaulted his wife with a button knife was not witnessed by anybody. CWs.2 and 3 only speak that they had seen the petitioner leaving the house, after he had assaulted his wife and committed her murder. 11. From the aforesaid it is clear that, the case of the prosecution is based on circumstantial evidence. The - 5 - HC-KAR NC: 2025:KHC:22966 CRL.P No. 7762 of 2025 prosecution has not alleged any strong motive against the petitioner for committing the murder of his wife. The petitioner, who has no other criminal antecedents is in custody for the last more than ten months. The allegation found in the charge sheet is required to be proved in a full-fledged trial. 12. 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. 13. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.226/2024 pending before the Court of II Addl. District & Sessions Judge, Kolar, arising out of Crime No.220/2024 registered by Malur Police Station, Kolar - 6 - HC-KAR NC: 2025:KHC:22966 CRL.P No. 7762 of 2025 District, for the offences punishable under Section 103(1) of BNS, 2023, 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, 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 NMS