- 1 - HC-KAR NC: 2025:KHC:25741 CRL.P No. 8329 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8329 OF 2025 BETWEEN: 1. SRI SHIVAKUMAR R @ SHIVA @ STR SON OF RATHNAM VELU.M, AGED ABOUT 25 YEARS, R/AT KUMAR STORE BUILDING, 2ND CROSS, AVENUE ROAD, OK ROAD, KUMBARPET, BENGALURU -560002 PERMANENT RESIDENT OF NO.C2, MGR NAGARA, OLD TOWN, VELLORE, TAMIL NADU (NOW IN JUDICIAL CUSTODY) PETITIONER (BY SRI. MAHESHA V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, WILSON GARDEN POLICE STATION REP BY S.P.P ADVOCATE GENERAL OFFICE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25741 CRL.P No. 8329 of 2025 HIGH COURT BUILDING, BANGALORE- 560001 …RESPONDENT (BY SMT. WAHEEDA.M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN C.C.NO.31152/2024(IN CR.NO.118/2024) FOR THE OFFENCES P/U/S 103 OF BNS (302 OF IPC) PENDING ON THE FILE OF THE HONBLE 6TH ACMM, AT BENGALURU (NOW COMMITTED TO SESSIONS COURT). 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 in Cr.No.118/2024 registered by the Wilson Garden Police station, Bengaluru for the offence punishable under Section 302 of IPC is before this Court under Section 483 of BNSS Act, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.118/2024 was registered by Wilson Garden Police Station, Bengaluru, for the aforesaid - 3 - HC-KAR NC: 2025:KHC:25741 CRL.P No. 8329 of 2025 offence against the petitioner herein, based on the first information dated 13.06.2024 received from Smt.Meghala.D sister of deceased. 4. During the course of investigation of the case, petitioner herein was arrested on 14.06.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offence. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.1680/2025 was rejected. Therefore, petitioner is before this Court. 5. Learned counsel for the petitioner submits that the petitioner has got two minor children aged 5 and 3 years respectively to be taken care of. The petitioner has no criminal antecedents. The incident in question has taken place in the spur of the moment and prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:25741 CRL.P No. 8329 of 2025 6. Per contra, learned HCGP opposed the petition on the ground that C.W.2 is the eye-witness to the incident in question and the petitioner is from Tamil Nadu. In the event petitioner is enlarged on bail he may tamper with the prosecution witnesses. Accordingly, she prays to dismiss this petition. 7. Perusal of the material on record would go to show that marriage of the petitioner with the deceased Smt. Trisha was performed 7 years prior to the incident and the said marriage was a love marriage. The couple have two children from the wedlock aged about 5 and 3 years respectively. It appears that the relationship between the couple got strained after the petitioner learnt that his wife had illicit relationship with C.W.2-Surya. On the intervening night of 12.06.2024 and 13.06.2024 when the petitioner returned home at about 1:00 a.m., he found his wife Trisha sleeping with C.W.2 and the petitioner who got enraged, allegedly assaulted his wife with knife kept for cutting vegetables and committed murder. C.W.2- - 5 - HC-KAR NC: 2025:KHC:25741 CRL.P No. 8329 of 2025 Surya who is the paramour of the deceased Trisha is said to be the eyewitness to the incident. The incident in question appears to have happened in the spur of the moment when the petitioner had seen his wife sleeping inside the house with C.W.2. The petitioner has no other criminal antecedents and he is required to take care of the two minor children. 8. Considering the aforesaid aspects of the matter I am of the view that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.118/2024 registered by the Wilson Garden Police Station, Bengaluru for the offence punishable under Section 302 of IPC, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:25741 CRL.P No. 8329 of 2025 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE RKA; List No.: 1 Sl No.: 61