- 1 - NC: 2025:KHC:2912 CRL.P No. 14367 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14367 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: DEVARAJ @ SOLLE S/O CHANDRAPPA, AGED ABOUT 24 YEARS, R/AT NO.154, 4TH FLOOR, NEAR NANDAGOKULA, 2ND MAIN ROAD, KAVERIPURA, KAMAKSHIPALYA, BENGALURU-560 079. …PETITIONER (BY SRI. CHANDRASHEKAR R.P., ADVOCATE) AND: 1. THE STATE BY KAMAKSHIPALYA PS (REP. BY STATE PUBLIC PROSECUTOR, BANGALORE HIGH COURT BUILDINGS, BANGALORE - 560 001) 2. SMT. BHAGYA W/O MOUNESH, AGED ABOUT 25 YEARS, R/AT NO.154, 4TH FLOOR, NEAR NANDAGOKULA GOVT. SCHOOL, 2ND MAIN, KAVERIPURA, KAMAKSHIPALYA, BANGALORE-560 079. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; SRI. MAHADEVA, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2912 CRL.P No. 14367 of 2024 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.51/2023 OF KAMAKSHIPALYA POLICE STATION PENDING ON THE FILE OF THE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-V, BENGALURU IN SPL.C.C.NO.738/2023 FOR THE OFFENCES PUNISHABLE U/S 302, 376(3)(a)(b), 506 OF IPC AND SECTION 6 OF POCSO ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused has preferred this petition to enlarge him on bail in a case pending in Spl.C.C.No.738/2023 on the file of the Court of Additional City Civil and Sessions Judge FTSC-V, Bengaluru. 2. Petitioner is the sole accused in the above case arising out of Crime No.51/2023 registered at Kamakshipalya Police Station. He is facing trial for offences punishable under Section 302, 376(3)(A)(B), 506 IPC and Section 6 of POCSO Act. 3. The factual matrix of the prosecution case in brief are as under:- Accused is a friend of the first informant Smt Bhagya w/o Mounesh. After she deserted - 3 - NC: 2025:KHC:2912 CRL.P No. 14367 of 2024 her husband, since he had promised the first informant that he will marry and take care of her, she was living with the accused at House No.154, 4th Floor, 2nd Main Road, Kaveripura. The deceased is the daughter of the first informant. For some time, the first informant and the accused were living cordially. Thereafter, the accused started coming home in a drunken condition and assaulting and quarrelling with the first informant and her daughter aged about 3 ½ years. On 30.01.2023 at about 9.00 a.m., first informant left the house for work. The accused and the deceased were alone in the house. It is alleged that the accused after sexually assaulting the victim committed her murder by smashing her head to the wall. Thereafter, to conceal the act committed by him, shifted her to the hospital stating that she has sustained injuries on account of a fall. 4. FIR was registered for offences punishable under Section 302, 376 and 506 of IPC and Section 4, - 4 - NC: 2025:KHC:2912 CRL.P No. 14367 of 2024 5(m), 5(n) and 6 of POCSO Act, 2012. Accused was arrested on 31.03.2023. He is in judicial custody. 5. It is contended by the learned counsel for petitioner/accused that the prosecution has suppressed the initial information furnished by the first informant, wherein she has stated that her daughter sustained injuries on account of a fall and subsequently implicated the petitioner in a false case. It is contended that it is the accused himself who has shifted the victim to the hospital and if he has committed the offence as alleged, he would not have shifted her to the hospital. There are no eyewitnesses to the incident and the prosecution is placing reliance on circumstantial evidence. There are no sufficient material on record to show the complicity of the accused in the commission of the Crime. 6. The learned counsel further contended that, before the trial Court, the first informant has been examined as PW.1, she has not supported the case of prosecution. She has clearly stated that the victim fell - 5 - NC: 2025:KHC:2912 CRL.P No. 14367 of 2024 down from the steps and sustained injuries to her head and other parts of the body, the accused and herself shifted her to the hospital. He contended that the evidence adduced before the trial Court does not throw any light on the offence alleged to have been committed by the petitioner and therefore, further detention of the accused will amount to pre-trial conviction. He has therefore sought to enlarge the petitioner on bail by imposing any conditions. 7. Learned Additional SPP appearing for the State has vehemently opposed the prayer seeking bail. She contended that the victim has sustained several injuries which suggest that this is not a case of accidental death but the accused has committed the murder after sexually assaulting her. She relied on the final opinion furnished by the doctor regarding the cause of death wherein, it is stated that death is due to combined effect of smothering and multiple injuries sustained. She contended that seminal stains were detected on the bed sheet and the - 6 - NC: 2025:KHC:2912 CRL.P No. 14367 of 2024 material on record clearly show that the petitioner has committed the murder after sexually abusing the minor victim. She contended that the first informant who is examined as PW.1 and the accused have been staying together and therefore, now she has given a different version before the trial Court stating that the victim sustained injuries on account of a fall, however, the circumstances which the prosecution is relying upon clearly show that it is the accused who has committed the murder and in view of the serious nature of the offence committed, petitioner is not entitled for the relief of bail. 8. Learned counsel appearing for respondent No.2 has contended that the first informant who has been examined before the trial Court has not supported the case of prosecution and therefore, she has been treated as hostile. 9. The prosecution has alleged that the petitioner has committed the murder of first informant’s daughter aged about 3 ½ years after committing sexual assault on - 7 - NC: 2025:KHC:2912 CRL.P No. 14367 of 2024 her. Admittedly, the trial is pending. It is not disputed that the petitioner was present when the incident took place and he took the victim to the hospital. However, the victim was declared brought dead by the doctor. The petitioner has claimed that he is innocent of the offence alleged against him and the victim died on account of a fall. A perusal of the complaint averments goes to show that the first informant found certain injuries on the private part of the victim and also some white marks on the thighs. It is stated that since the accused threatened the first informant that she will be killed if she informs the matter to others, initially, the matter was not reported to the police, but it was informed that the victim sustained injuries on account of a fall. It is relevant to see that in the FIR, it is only stated that the victim fell in the house and sustained injuries, whereas in the evidence of PW.1 she has stated that the victim was playing in the 4th Floor, on the steps, at that time the water from the tank which - 8 - NC: 2025:KHC:2912 CRL.P No. 14367 of 2024 was over flown fell on her due to which she fell down and sustained injuries. 10. Since the trial is in progress, no view can be expressed on the merits of the case. As per Post Mortem Report, the victim has sustained about 22 injuries including injury to the lips and the genital and groin region. As per final opinion, cause of death is due to combined effect of smothering and multiple injuries sustained. 11. There are sufficient material on record placed against the petitioner by the prosecution. Considering the nature and gravity of the offence, I am of the considered view that this is not a fit case to enlarge the petitioner on bail. Petition is dismissed. Observations made in this order shall not influence trial of the case, in any manner. Sd/- (MOHAMMAD NAWAZ) JUDGE HB / List No.: 1 Sl No.: 43 Ct: ra