- 1 - NC: 2025:KHC:684 CRL.P No. 12352 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12352 OF 2024 BETWEEN: 1. SRI SHIVAPPA S/O BATERANGAPPA, AGED ABOUT 38 YEARS, R/O NAGARALU VILLAGE, SAKKARAYAPATNA HOBLI, KADUR TALUK, CHIKAMAGALURU -577548 PETITIONER (BY SRI. AKSHAY KUMAR JAIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SAKKARAYAPATNA PS, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH SC.NO.65/2024, REGISTERED IN CR.NO.32/2024 BY SAKKARAYA PATNA P.S., PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU, FOR THE OFFENCES P/U/S 302 OF IPC, 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:684 CRL.P No. 12352 of 2024 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Addl. SPP for the State and perused the material on record. 2. This petition is preferred praying to enlarge the petitioner/accused on bail in Crime No.32/2024 of Sakkaraya Patna Police Station, Chikkamagaluru, registered for the offence punishable under Section 302 r/w Section 34 of IPC. 3. First informant by name Sachin, S/o. Shekara Nayaka is the brother of deceased Preeti, wife of petitioner. She was found dead on the night of 23.02.2024 with injuries on her neck and limbs. Complaint was lodged suspecting the role of petitioner and others. Charge sheet has been filed against the petitioner alone for the offence punishable under Section 302 of IPC. - 3 - NC: 2025:KHC:684 CRL.P No. 12352 of 2024 4. The case of the prosecution is that deceased married the accused about 9 years prior to the date of incident and in the said wed lock they have 2 children. Petitioner was addicted to alcohol and he was subjecting the deceased to physical and mental torture. He was demanding money from her for his drinking habits. The deceased had even admitted him to one ‘Prashantha Dhama’ so as to relieve him from his drinking habits. On 23.02.2024 at about 07.30 p.m., he picked up quarrel with the deceased demanding money for drinking alcohol. The deceased informed the matter to CW-14 and CW-15 over phone. Once again accused picked up quarrel with her and demanded Rs.100/- to consume alcohol. He dragged her and strangulated with the veil and committed her murder. 5. According to prosecution, CW-9 and CW-10 are the eye witnesses. The learned counsel for the petitioner has contended that complaint was lodged on suspicion and there is no mention of CW-9 and CW-10 as eye witnesses - 4 - NC: 2025:KHC:684 CRL.P No. 12352 of 2024 in the complaint. However, the prosecution falsely projected the said witnesses as eye witnesses to the incident alleging that they have seen the accused dragging the deceased towards the hall. He contended that petitioner is innocent and he has been falsely implicated in this case. 6. Learned Addl. SPP has contended that CW-9 and CW-10 are the material witnesses and their statements are also recorded under Section 164 of Cr.P.C. wherein they have clearly stated that they have seen the petitioner dragging the deceased towards the hall just prior to the incident. She contended that if petitioner is enlarged on bail he may tamper with the prosecution witnesses. 7. The incident has taken place in the house of the petitioner wherein he was residing with the deceased. As per complaint averments, petitioner tried to mislead the complainant informing him that deceased died due to low BP. - 5 - NC: 2025:KHC:684 CRL.P No. 12352 of 2024 8. I have perused the PM report wherein 11 external injuries are noticed on the dead body. At this stage, the statements of CW-9 and CW-10 cannot be doubted. In view of the statements of CW-9 and CW-10, there is a prima facie case against the petitioner for having committed an offence punishable with death or imprisonment for life. 9. In the fact and circumstances, this is not a fit case to enlarge the petitioner on bail. Petition is accordingly dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE DR List No.: 1 Sl No.: 14