- 1 - NC: 2025:KHC:8983 CRL.P No. 13203 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13203 OF 2024 BETWEEN: MR. RANGASHAMIAH S/O LATE MALERANGAIAH, AGED ABOUT 64 YEARS, R/O NAGARAHALLI VILLAGE, HOLAVANAHALLI HOBLI, KORAGERE TALUK, TUMKUR-572 121 …PETITIONER (BY SRI. VINAY KEERTHY, ADVOCATE FOR SRI. PRABHU PUJAR S., ADVOCATE) AND: THE STATE OF KARNATAKA BY KOLALA POLICE STATION, TUMAKURU DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED ON BAIL IN CR.NO.08/2023 S.C.NO.5014/2023 OF KOLALA POLICE STATION, KORATAGERE TALUK, TUMKURU DISTRICT, FOR THE ALLEGED OFFENCE P/U/S 302 OF IPC, WHICH IS PENDING ON Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8983 CRL.P No. 13203 of 2024 THE FILE OF IV ADDL. DIST. AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHIGIRI, TUMKUR DISTRICT IN S.C.NO.5014/2023 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 S.C No.5014/2023 pending before the Court of IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri arising out of Crime No.08/2023 registered by Kolala Police Station, Tumakuru for offence punishable under Section 302 of IPC is before this Court under Section 439 of Cr.P.C. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.08/2023 was registered by Kolala Police Station, Tumakuru against the petitioner herein for the aforesaid offence on the basis of the first information dated 03.02.2023 received from Nagaiah N.R., who is the son of the petitioner herein. 4. During the course of investigation of the case, petitioner was arrested on 05.02.2023 and subsequently - 3 - NC: 2025:KHC:8983 CRL.P No. 13203 of 2024 remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offence, his bail application filed before the Trial Court in Crl. Misc. No.5285/2024 was rejected on 21.10.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents. Case of the prosecution is based on circumstantial evidence. All the material charge sheet witnesses are examined in the present case. Accordingly, prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition submitting that in the event petitioner is enlarged on bail, he is likely to not co-operate with the Trial Court and in the said event trial in the case is likely to be delayed. Accordingly, prays to dismiss the petition. 7. Perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. In the charge sheet it is alleged that petitioner was suspecting his wife and therefore on 03.02.2023 when the victim Sakamma was sleeping in the shed situated in - 4 - NC: 2025:KHC:8983 CRL.P No. 13203 of 2024 land bearing Sy.No.21/2B of Baktharahalli village, the petitioner assaulted her on her head with cement brick and murdered her. 8. During the course of trial, the prosecution has examined 17 charge sheet witnesses as PW-1 to PW-17. The prosecution has all together cited 39 charge sheet witnesses in the present case. Petitioner is in custody for the last more than two years. 9. Considering the nature of allegations as against the petitioner and also considering the period of his incarceration, I am of the view that without expressing any opinion on the merits and demerits of the case, his prayer 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 S.C No.5014/2023 pending before IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri, arising out of Crime No.08/2023 registered by Kolala Police Station, - 5 - NC: 2025:KHC:8983 CRL.P No. 13203 of 2024 Tumakuru for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute 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 VS List No.: 1 Sl No.: 44 CT:SNN