- 1 - HC-KAR NC: 2025:KHC:47305 CRL.P No. 10488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10488 OF 2025 BETWEEN: MR JAGADEESHA S/O. THIPPESWAMY, AGED ABOUT 33 YEARS, R/O. J N KOTE, NERANAHAL VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT- 515 281. …PETITIONER (BY SRI. K V SATEESHCHANDRA., ADVOCATE) AND: STATE BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA DISTRICT- 515 281. REPRESENTED BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING BANGALORE- 560 001. …RESPONDENT (BY SRI. RAJATH SUBRAMANYAM., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.28/2025 OF CHITRADURGA P.S. FOR THE ALLEGED OFFENCE P/U/S 329(4),109(1),311 OF BNS 2023 ON THE FILE OF THE COURT OF THE I ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT CHITRADURGA DISTRICT AND DIRECT THE PETITIONER BE RELEASED ON BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47305 CRL.P No. 10488 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.28/2025 registered by Chitradurga Rural Police Station, Chitradurga District, for offences punishable under Sections 329(4), 109(1) and 311 of BNS 2023 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.28/2025 was registered by Chitradurga Rural Police Station, Chitradurga District, initially for offences punishable under Sections 329(4), 109(1) and 311 of BNS 2023 against the petitioner herein. 4. During the course of investigation petitioner was arrested on 30.01.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in - 3 - HC-KAR NC: 2025:KHC:47305 CRL.P No. 10488 of 2025 Crl.P.No.4085/2025, which was dismissed as not pressed on 02.04.2025 with liberty to the petitioner to approach the Trial Court afresh after charge sheet is filed. The police after completing investigation have filed charge sheet against the petitioner for aforesaid offences. His bail application filed before the Jurisdictional Sessions Court thereafter in Crl.Misc.No.520/2025 was rejected on 21.05.2022. Therefore, petitioner is before this Court in this successive bail application. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the entire case of the prosecution is based on circumstantial evidence. Except the alleged recovery there is no other material to connect the petitioner to the crime. Petitioner has no other criminal antecedents. Investigation of the case is completed. According, he prays to allow this petition. 6. Per contra, learned HCGP has opposed petition. He submits that deceased has mentioned the name of the - 4 - HC-KAR NC: 2025:KHC:47305 CRL.P No. 10488 of 2025 petitioner and it is under these circumstances, FIR was registered against the petitioner. CW-33 and CW-34 have spoken about the recovery of the gold ornaments belonging to the deceased from the petitioner. Petitioner who is a neighbour of the deceased was found missing immediately after the incident and he was arrested after two days. Accordingly, he prays to dismiss this petition. 7. FIR in the present case has been registered based on the first information received from Kenchamma, who is the daughter of deceased Sivalingamma. In the first information which is submitted in the present case, it is stated that on the early hours of 28.01.2025, the first informant and others heard Smt.Shivalingamma screaming inside her house and when the first informant and others who were staying in the house adjacent to the house of the deceased came near the house of the deceased, they found that the door of the house was locked from outside. Immediately thereafter, they opened the door and went inside and found that - 5 - HC-KAR NC: 2025:KHC:47305 CRL.P No. 10488 of 2025 Smt.Shivalingamma was injured and a grinding stone was lying near her. On enquiry, Smt.Shivalingamma informed the first informant and others that petitioner who is their neighbour had entered the house and after assaulting her, he had dropped a grinding stone on her and thereafter snatched the gold ornaments which she was wearing and had escaped. It is under these circumstances, FIR in Crime No.28/2025 was registered by Chitadurga Rural Police Station, Chitradurga District against the petitioner herein, initially for offences punishable under Section 329(4), 109(1) and 311 of BNS, 2023. 8. During the course of investigation, petitioner herein was arrested on 30.01.2025 and from his possession the gold ornaments belonging to the deceased were recovered. CW-33 and CW-34 are the panchas who have spoken about the recovery of the gold ornaments belonging to the deceased from the petitioner. Petitioner who is a neighbour of the deceased was found missing from the early hours of 28.01.2025 and he has been - 6 - HC-KAR NC: 2025:KHC:47305 CRL.P No. 10488 of 2025 arrested in the present case only on 30.01.2025. Petitioner allegedly had assaulted Smt.Shivalingamma, who was aged about 65 years, with an intention to rob her gold ornaments and as a result of assault made by petitioner with a grinding stone, Smt.Shivalingamma has died. 9. According to the prosecution, deceased had informed her relatives about the act committed by the petitioner and police during the course of investigation have recovered the gold ornaments from the petitioner. Under the circumstances, I am of the opinion that petitioner is not entitled for the relief sought for in this petition. Accordingly, Criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 1