- 1 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12590 OF 2025 BETWEEN: BOPANNA N C, S/O LATE CHITTIAPPA, AGED ABOUT 43 YEARS, R/AT BETOLI VILLAGE AND POST, VIRAJ PET TALUK - 571 218. (PETITIONER NOW IN JC) …PETITIONER (BY SRI. SOMANNA K P., ADVOCATE) AND: THE STATE OF KARNATAKA, BY CVRAJPET POLICE STATION, REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. M.R.PATIL., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE ACCUSED/PETITIONER ON BAIL WITH CONDITION THAT THIS HONBLE COURT MAY DEEM FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN CR.NO.0081/2024 DATED 20.07.2024 REGISTERED BY THE RESPONDENT VIRAJPET TOWN POLICE STATION, FOR THE OFFENCES P/U/S. 103 OF BNS 2023, U/S. 3, 25 OF INDIAN ARMS ACT, 1959, PENDING ON THE FILE PRL.CIVIL JUDGE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 (JR.DN.) AND JMFC COURT VIRAJPET, KODAGU. I.A.NO.1/2025 FOR DISPENSATION. 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.5043/2024 pending before the Court of II Additional District and Sessions Judge, Kodagu, Sitting at Virajpet, arising out of Crime No.81/2024 registered by Virajpet Town Police Station, Kodagu, for offences punishable under Section 103 of BNS 2023 and Sections 3 and 25 of the Indian Arms Act, 1959 is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.81/2024 was registered by Virajpet Town Police Station, Kodagu against the petitioner herein for the aforesaid offences, based on the first - 3 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 information dated 20.07.2024 received from Smt.Priya.B.N., sister of deceased Smt.Seethamma. 4. During the course of investigation, petitioner was arrested on 20.07.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet was filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.1875/2025. The said petition was dismissed with liberty to the petitioner to renew his bail application after examination of the alleged eye-witnesses CW.3 to CW.5 is completed before the Trial Court. After the prosecution had examined the aforesaid three eye-witnesses before the Trial Court, petitioner had filed a fresh bail application before the Trial Court in Crl.Misc.No.5153/2025 which was rejected on 18.08.2025. It is under these circumstances, petitioner is before this Court in this successive bail petition seeking regular bail. - 4 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 5. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that CW.3 is the mother of the petitioner and CW.4 & CW.5 are the minor daughters of the petitioner. The deceased Smt.Seethamma is the wife of the petitioner. CW.3 to CW.5, who are examined before the Trial Court as PW.3 to PW.5 respectively, have completely turned hostile to the case of the prosecution. He submits that petitioner who has no other criminal antecedent is in custody for the last more than one year. All the material charge sheet witnesses are examined. Petitioner is required to take care of his old mother and 2 minor daughters. There is no other male assistance in the family. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that petitioner had voluntarily surrendered after the alleged incident had taken place on 20.07.2024. However, he does not dispute that the alleged eye-witnesses have not supported the case of the - 5 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 prosecution and they have been treated as hostile witnesses. He submits that some more material charge sheet witnesses such as ballistic expert etc., are yet to be examined in the present case. Accordingly, he prays to dismiss the petition. 7. The first informant in the present case is the elder sister of deceased Smt.Seethamma, who was the wife of the petitioner. In the first information, it is alleged that from the wedlock between the petitioner and the deceased Seethamma, they have two minor daughters. Relationship between the petitioner and deceased was strained for the last five years, since the petitioner was suspecting the character of his wife. Deceased Smt.Seethamma had filed a maintenance case against her husband and therefore, her husband had a vengeance against her. On 27.02.2024 at about 09.30 a.m., CW.5 Kumari.Manya, the second daughter of the deceased had telephoned to the mother of the first informant i.e., Smt.Devakki.T.P (CW.2) and had informed her that her - 6 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 father had shot dead her mother. It is under these circumstances, FIR was registered against the petitioner based on the first information submitted by Smt.Priya B.N. CW.1, who is the sister of deceased. 8. After the investigation was completed, charge sheet was filed against the petitioner for the aforesaid offences. As per the charge sheet allegations after the relationship of the petitioner and his wife got strained, they were residing separately in the same house and deceased was cooking her food separately. Since the petitioner was not providing any financial assistance for the maintenance of his wife, she had filed a maintenance case against him. Petitioner who had earlier borrowed a loan in the name of his wife was not repaying the loan dues regularly and therefore, deceased had approached the jurisdictional police station. After, the deceased had filed a maintenance case against the petitioner, he had decided to commit her murder and on 16.07.2024 he had purchased live bullets and on 20.07.2024 at about - 7 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 09.00 a.m., when the deceased was in her kitchen, petitioner shot her using his SBBL gun on her back and as a result, Seethamma had succumbed to the injuries at the spot. CW.3 who is the mother of the petitioner, CW.4 and CW.5 who are the daughters of the petitioner and the deceased are the alleged eye-witnesses to the incident in question who were present in the house at the time when the crime was committed by the petitioner. 9. CW.3 has been examined before the Trial Court as PW.3 and CW.4 and CW.5 have been examined before the Trial Court as PW.4 and PW.5. According to the prosecution, CW.3 to CW.5 are the alleged eye-witnesses to the incident in question. PW.3 to PW.5 have completely turned hostile to the case of the prosecution and therefore these witnesses were cross-examined by the prosecution. PW.1 is the first informant and PW.2 is the mother of the deceased. As on this date, prosecution in all has examined six witnesses as PW.1 to PW.6 and all the material independent witnesses have been already examined by the - 8 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 prosecution. Therefore, there cannot be apprehension that the petitioner may tamper with the material prosecution witnesses. 10. Undisputedly, petitioner has no other criminal antecedents. He is in custody from 20.07.2024 onwards. He has a old mother aged about 80 years and two minor daughters who are required to be taken care of. According to the learned counsel for the petitioner, except the petitioner, there is no other male assistance to the family. It is trite that accused cannot be detained in custody as a punitive/preventive measure. Prosecution has in all cited 46 charge sheet witnesses in the present case and till date only 6 charge sheet witnesses have been examined before the Trial Court. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is very remote. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- - 9 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5043/2024 pending before the Court of II Additional District and Sessions Judge, Kodagu, Sitting at Virajpet, arising out of Crime No.81/2024 registered by Virajpet Town Police Station, Kodagu, for offences punishable under Section 103 of BNS 2023 and Sections 3 and 25 of the Indian Arms Act, 1959, 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; - 10 - HC-KAR NC: 2025:KHC:42807 CRL.P No. 12590 of 2025 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 KVR List No.: 1 Sl No.: 1