- 1 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 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. 15117 OF 2025 C/W CRIMINAL PETITION NO. 15151 OF 2025 IN CRL.P No. 15117/2025 BETWEEN: NARASAMMA, W/O LATE OBAIAH, AGED 50 YEARS, R/AT KOTAGUDDA VILLAGE, NIDAGAL HOBLI, PAVAGADA TALUK, TUMAKURU DT - 561 202. …PETITIONER (BY SRI. MANJUNATH B R., ADVOCATE) AND: STATE OF KARNATAKA, BY Y.N.HOSAKOTE POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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 ENLARGE THE PETITIONER ON BAIL IN CR.NO.36/2024 NOW PENDING IN S.C.NO.5037/2024 REGISTERED FOR THE OFFENCES PUNISHABLE U/S 302, 201 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 R/W 34 OF IPC OF Y.N.HOSAKOTE POLICE STATION PENDING ON THE FILE OF HONBLE IV ADDL. DISTRICT AND SESSIONS JUDGE TUMAKURU SITTING AT MADHUGIRI. IN CRL.P NO. 15151/2025 BETWEEN: MANJUNATH, W/O LATE OBAIAH, AGED 29 YEARS, R/AT KOTAGUDDA VILLAGE, NIDAGAL HOBLI, PAVAGADA TALUK, TUMAKURU DT - 561 202. ...PETITIONER (BY SRI. MANJUNATH B R., ADVOCATE) AND: STATE OF KARNATAKA, BY Y N HOSAKOTE POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. ...RESPONDENT (BY SRI. RAJATH SUBRAMANYAM, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR NO.36/2024 NOW PENDING IN SC NO.5037/2024 REGISTERED FOR THE OFFENCES P/U/S 302, 201 R/W 34 OF IPC OF Y.N.HOSAKOTE POLICE STATION PENDING ON THE FILE OF HONBLE IV ADDL.DISTRICT AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 ORAL ORDER Accused Nos.1 and 2 in S.C.No.5037/2024 pending before the Court of IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri, arising out of Crime No.36/2024 registered by Y. N. Hosakote Police Station, Tumakuru for offences punishable under Sections 302, 201 read with Section 34 of IPC are before the Court in these two successive bail petitions filed under Section 483 of BNSS, 2023 seeking regular bail and therefore, petitioners are heard together and disposed off by this common order. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.36/2024 was registered by Y. N. Hosakote Police Station, Tumakuru, initially for offence punishable under Sections 302 read with Section 34 of IPC against the petitioners herein, based on the first information dated 31.05.2024 received from Naresh, who is the grandson of the deceased Sanna Hanumanthappa. - 4 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 4. During the course of investigation, petitioners herein were arrested on 03.06.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet was filed against the petitioners for the aforesaid offences and their bail application filed before the Trial Court was rejected. Therefore accused No.1 had approached this Court in Crl.P.No.10740/2024, which was dismissed as withdrawn with liberty to accused No.1 to file a fresh petition after examination of CW-1 is completed before the Trial Court. Accused No.2 had approached this Court in Crl.P.No.3488/2025 which was dismissed as withdrawn with liberty to accused No.2 to renew his bail application after examination of CW-1 to CW-5 is completed before the Trial Court. It is under these circumstances, the petitioners who are accused Nos.1 and 2 in S.C.No.5037/2024 are before this Court in these two successive bail petitions filed under Section 483 BNSS, 2023. - 5 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 5. Learned counsel for the petitioners submits that CW-1 to CW-5 have been now examined before the Trial Court and none of the said witnesses have supported the case of the prosecution and therefore, they have been treated as hostile witnesses by the prosecution. He submits that accused No.1 is the mother and accused No.2 is her son. They do not have any criminal antecedents. They are in custody for the last more than 15 months. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that there are strong circumstances against the petitioners, to connect them to the crime. Death had occured inside the house in which petitioners were living with the deceased. As per the post mortem report, the deceased had died as a result of strangulation. It was also found that the testicles of the deceased were cut and removed by the accused. Accordingly, he prays to dismiss the petition. - 6 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 7. First information in the present case was registered against the petitioners, based on the first information received from CW-1 / Naresh, who is the grandson of deceased Sanna Hanumanthappa, who was aged about 80 years. Petitioners herein are the daughter- in-law and the grandson of the deceased. Husband of accused No.1, Late.Obaiah had predeceased Sanna Hanumanthappa. According to the prosecution, Sanna Hanumanthappa was staying with the petitioners in their house and since the petitioners were not properly taking care of Sanna Hanumanthappa, there was a frequent quarrel between them. The incident in question allegedly took place on the intervening night of 30.05.2024 and 31.05.2024 inside the house of the petitioners in which the deceased was living along with them. The first informant and other relatives of deceased live in adjacent houses. 8. In the first information, it is alleged that the accused persons had committed the murder of deceased by cutting his private part. As per the post mortem report, - 7 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 death is due to asphysia as a result of strangulation. In the charge sheet which is filed after completing investigation, it is alleged that since the deceased was frequently quarreling with the petitioners, they had decided to commit his murder and on the intervening night of 30.05.2024 and 31.05.2024 they had committed his murder by strangulating his neck and thereafter, accused No.1 allegedly had cut and removed his testicles and thrown the same outside the compound. 9. The entire case of the prosecution is based on circumstantial evidence. Undisputedly petitioners have no criminal antecedents. CW-1 to CW-5 who are the material charge sheet witnesses have been already examined before the Trial Court and according to the learned counsel for the petitioners, CW-1 to CW-5 have not supported the case of the prosecution and therefore, they have been treated as hostile witnesses and cross-examined by the prosecution, but nothing material has been elicited from their mouth which is incriminating as against the - 8 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 petitioners herein. Be that as it may, the fact remains that as on this day 18 charge sheet witnesses have been examined by the prosecution including the material charge sheet witnesses CW-1 to CW-5. Therefore there cannot be any apprehension that petitioners may tamper with the material charge sheet witnesses. Accused No.1 is a lady aged about 50 years and accused No.2 who is her son is aged about 30 years. It is stated that accused No.2 is married and he has a family. 10. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER Criminal petitions are allowed. The petitioners are directed to be enlarged on bail in S.C.No.5037/2024 pending before the Court of IV - 9 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 Additional District and Sessions Judge, Tumakuru sitting at Madhugiri, arising out of Crime No.36/2024 registered by Y. N. Hosakote Police Station, Tumakuru for offences punishable under Sections 302, 201 read with Section 34 of IPC, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without - 10 - HC-KAR NC: 2025:KHC:47250 CRL.P No. 15117 of 2025 C/W CRL.P No. 15151 of 2025 permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 5