- 1 - NC: 2025:KHC:10391 CRL.P No. 14128 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14128 OF 2024 BETWEEN: MAHADEVA @ LINGARAJU, AGED ABOUT 40 YEARS S/O N EELAGIRI MAHADEVU R/AT DESHUVALLI VILLAGE KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT 571424 PRESENTLY IN JUDICIAL CUSTODY 12.12.2023 …PETITIONER (BY SRI. HANUMESH H N, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY KIRUGAVALU PS MANDYA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560 001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL (WHO IS ACCUSED NO.1) PENDING BEFORE 2nd ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA DISTRICT, ARISING OUT OF SC. NO. 39/2024, ON THE FILE OF KIRUGAVALU POLICE, MANDYA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 501, 323, 302 R/W 34 OF IPC AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10391 CRL.P No. 14128 of 2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No. 1 in S.C. No. 39/2024 pending before the Court of II Additional District and Sessions Judge, Mandya District arising out of crime No. 147/2023 registered by Kirugavalu Police Station for offences punishable under Sections 498A, 504, 323, 302 read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in crime No. 147/2023 was registered by the Kirugavalu Police Station initially for offence punishable under Sections 498A and 504 read with Section 34 of IPC against petitioner and 3 others based on the first information dated 13.12.2023 received from Rudregowda – father of the deceased Madhushri. During the course of investigation the petitioner was arrested on 13.12.2023 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against - 3 - NC: 2025:KHC:10391 CRL.P No. 14128 of 2024 4 persons. Bail application filed by the petitioner before the trial Court in S.C. No. 39/2024 was rejected on 06.08.2024 and therefore, he is before this Court. 4. Learned counsel for petitioner submits that considering the allegations found in the first information it becomes doubtful that the daughters of the petitioner are the eye witnesses to the incident in question. He submits that the elder daughter of the petitioner has not made any allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C. Petitioner has no criminal antecedent and he is in custody since 13.12.2023 and accordingly prays to allow the petition. 5. Per contra learned HCGP has opposed the petition. He submits that death had taken place in the house of the petitioner and his minor daughters are the eye witnesses to the incident in question. There is strong material evidence against the petitioner. Accordingly he prays to dismiss the petition. 6. A perusal of the material on record would go to show that the marriage of the petitioner with the deceased - 4 - NC: 2025:KHC:10391 CRL.P No. 14128 of 2024 was solemnized in the year 2013 and they had 2 minor daughters who were aged about 9 years and 3 years respectively as on the date of the incident. In the first information submitted by the father of the deceased he has alleged that his daughter was ill treated in her matrimonial house by accused Nos. 1 to 4 and they were demanding additional dowry from her and it is in this background they had conspired and committed her murder. From the aforesaid it is apparent that only on suspicion accused Nos. 1 to 4 were arraigned as accused in the present case. After investigation is completed charge sheet has been filed against all the accused named in the FIR. The allegation in the charge sheet is that the petitioner was quarrelling with the deceased on petty issues and on 12.12.2023, at about 10.30 pm, after quarrelling with her, he had assaulted her with an iron rod on her head and had committed her murder. C.W.3 and C.W.4 who are the minor daughters of the petitioner are the alleged eye witnesses to the incident. C.W.3 is aged about 3 years and C.W.4 is aged about 9 years. C.W.4 has - 5 - NC: 2025:KHC:10391 CRL.P No. 14128 of 2024 not made any allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C., about he assaulting the deceased on the date of incident with an iron rod. The petitioner has no criminal antecedents and he is in custody since 12.12.2023. The prosecution in all has cited 28 charge sheet witnesses and till date only 2 charge sheet witnesses have been examined. Considering the nature of allegations found in the charge sheet against the petitioner and also the statement of C.W.4 who is the elder daughter of the petitioner, I am of the opinion that petitioner who is in custody has made out case for grant of regular bail. 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. 147/2023 of Kirugavalu Police Station registered for the offences punishable under Sections 498A, 504, 323, 302 read with Section 34 of IPC, subject to the following conditions: - 6 - NC: 2025:KHC:10391 CRL.P No. 14128 of 2024 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE LRS List No.: 1 Sl No.: 36