- 1 - HC-KAR NC: 2025:KHC:41519 CRL.P No. 10604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10604 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. DADAPEER S/O LATE MEHABUB JAN AGED ABOUT 29 YEARS, PRESENT RESIDING AT: No.464 CUTTONPATE MAIN ROAD BHAKSHIGARDEN BENGALURU – 560 053. PERMANENT RESIDING AT: THAYAR PUBLIC SCHOOL NEAR HALE GUDDADAHALLI MYSORE ROAD BENGALURU – 560 026. 2. UMMESALMA W/O SAMEER HASADULLA AGED ABOUT 22 YEARS RESIDING AT 8TH CROSS REHAMANIYA MASIDI, GORIPALYA BENGALURU – 560 018. …PETITIONERS (BY SRI GIRISH R, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41519 CRL.P No. 10604 of 2025 AND: 1. STATE OF KARNATAKA BY KENGERI PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B , ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING BAIL THEREBY DIRECTING THE RESPONDENT KENGERI POLICE TO RELEASE THE PETITIONER IN CR.No.170/2025 IN C.C.No.22527/2025 PENDING ON THE FILE OF THE HON’BLE VI A.C.J.M BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 103(1),49 OF BNS 2023THE LXIV ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused Nos. 1 and 2 under Section 483 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail in crime No. 170/2025 of Kengeri Police Station registered for offences punishable under Sections 103(1), 49 of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:41519 CRL.P No. 10604 of 2025 2. Heard learned counsel for petitioner and learned Additional SPP for respondent - State. 3. Learned counsel for petitioners would contend that there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. Except recovery of steel rod from the bike, mobile, clothes, bike and CCTV footage, there are no other circumstances against the petitioners. The prosecution has to establish each of the circumstances. As the charge sheet is filed petitioners are not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that petitioner No. 1 – accused No. 1 had purchased steel rod from one Indrani and her statement has been recorded. There is recovery of steel rod, mobile, clothes and bike from accused No. 1 and the said rod is stated to be blood stained as per FSL report. The P.M. report indicates that cause of death of the deceased is due to shock and hemorrhage consequent to head injury - 4 - HC-KAR NC: 2025:KHC:41519 CRL.P No. 10604 of 2025 sustained. Charge sheet material show prima facie case against the petitioners for the offences alleged against them. With this, she prayed for dismissal of petition. 5. Having heard learned counsel for the parties this Court has considered the charge sheet records. 6. As per column 17 of the charge sheet the accusation against the petitioners is that after cancellation of engagement between accused Nos. 1 and 2, as accused No. 1 was arrested in theft case, accused No. 2 had married the deceased. After release of accused No. 1 in the said case, he contacted accused No. 2 and they had a relationship. Accused No. 2 was fed up with the drinking habit of deceased. On coming to know about the relationship between accused Nos. 1 and 2, the deceased quarreled with accused No. 2. Therefore, accused Nos. 1 and 2 conspired to kill the deceased. Accused No. 1 took the deceased on his motorcycle, they had a drink and accused No. 1 assaulted the deceased with steel rod on his head and caused his death. The entire case of the - 5 - HC-KAR NC: 2025:KHC:41519 CRL.P No. 10604 of 2025 prosecution is based on circumstantial evidence. There is recovery of steel rod, mobile, clothes and bike from accused No. 1 and mobile from accused No. 2. There is also recovery of CCTV footage to show the last seen theory of deceased with accused No. 1. Since the case of the prosecution is based on circumstantial evidence, prosecution has to prove each of the circumstances at trial. As charge sheet is filed, petitioners are not required for custodial interrogation. Considering the above aspects, petitioners have made out case for grant of bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. Petitioners are granted bail in crime No. 170/2025 of Kengeri Police Station subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:41519 CRL.P No. 10604 of 2025 I. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court. II. Petitioners shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioners shall appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 27