- 1 - HC-KAR NC: 2025:KHC:48802 CRL.P No. 13852 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13852 OF 2025 BETWEEN: 1. VINAY N, S/O NARASIMHAMURTHY, AGED ABOUT 35 YEARS, R/AT M D NARASIMHAMURTHY BUILDING, 1ST CROSS, RAMANJINAPPA LAYOUT, NEAR AIRTEL TOWER, KODAGALAHATTI, HUNASAMARANAHALLI, JALA HOBLI, BENGALURU NORTH, BENGALURU. …PETITIONER (BY SRI. RAJESH RAO K., ADVOCATE) AND: 1. THE STATE BY MAHALAKSHMIPURAM P S, REPRESENTED BY THE S P P, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE ABOVE PETITIONER/ACCUSED NO.2 ON BAIL IN CONNECTION WITH THE CRIME NO.36/2024 REGISTERED BY THE MAHALAKSHMI Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48802 CRL.P No. 13852 of 2025 PURAM POLICE FOR THE OFFENCE P/US/ 120(B), 498(A), 376, 511, 302, 201 R/W SEC.34 OF IPC PENDING BEFORE THE HONBLE LIII ADDL CITY CIVIL AND SESSIONS JUDGE CCH-54 AT BENGALURU CITY AND ETC., 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 No.2 is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 with a prayer to enlarge him on regular bail in Crime No.36/2024 registered by Mahalakshmipuram Police Station, Bangalore City, for offences punishable Sections 120(B), 498(A), 376, 511, 302, 201 read with Section 34 of IPC. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.36/2024 was registered by Mahalakshmipuram Police Station, Bangalore City initially for offences punishable under Section 302 of IPC against one Shivashankar, based on the first information dated - 3 - HC-KAR NC: 2025:KHC:48802 CRL.P No. 13852 of 2025 05.02.2024 received from Smt.Sarojamma, who is the mother of deceased Pushpalatha @ Prema. 4. During the course of investigation, accused No.1 Shivashankar, who is the husband of deceased was arrested and remanded to judicial custody on 07.02.2024. Subsequently, the petitioner herein was arrested on 08.02.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons for the aforesaid offences and petitioner is arraigned as accused No.2 in the charge sheet. Bail application filed by the petitioner before the trial Court was rejected and therefore, he had approached this Court in Crl.P.No.9927/2024 which was dismissed as not pressed on 14.03.2025. Subsequently, petitioner had filed Crl.P.No.6749/2025 before this Court under Section 528 BNSS, 2023 with a prayer to quash his arrest memo and to release him from judicial custody. The said criminal petition was dismissed as withdrawn on 30.08.2025. Thereafter, a fresh bail application was filed by the - 4 - HC-KAR NC: 2025:KHC:48802 CRL.P No. 13852 of 2025 petitioner before the trial Court in Crl.Misc.No.7267/2025, which was rejected on 25.09.2025. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that only based on the confession statement of accused No.1 petitioner has been arrested in the present case. He submits that entire case of prosecution is based on circumstantial evidence. The seizure of face mask with hair on it, was after the arrest of the petitioner. Even the CCTV footage does not reflect that petitioner had entered the house of deceased as alleged in the charge sheet. He submits that offence punishable under Section 376 of IPC has been wrongly invoked against the petitioner in the present case. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. She submits that petitioner is a person with - 5 - HC-KAR NC: 2025:KHC:48802 CRL.P No. 13852 of 2025 criminal antecedents and he is also charge sheeted for having murdered his own wife and the said case is still pending. After being released on bail in the said case, petitioner who is the close friend of accused No.1 has committed the murder of deceased in the present case. The face mask and moustache hair of the petitioner was found at the spot of crime, which was seized under a mahazar on 05.02.2024 itself. The DNA Test Report supports the case of the prosecution. Accordingly, she prays to dismiss the petition. 7. As per the averment found in the first information, accused No.1 / Shivashankar had a strained relationship with his wife Pushpalatha. On 05.02.2024, dead body of Pushpalatha was found in her house and first informant, who is the mother of the deceased, suspected the hand of Shivashankar in the death of her daughter and accordingly FIR in Crime No.36/2024 was registered against Shivashankar for offence punishable under Section 302 of IPC. During the course of investigation, accused - 6 - HC-KAR NC: 2025:KHC:48802 CRL.P No. 13852 of 2025 No.1 / Shivashankar was arrested on 07.02.2024 and based on his confession statement, petitioner who is his friend was arrested on 08.02.2024. After completing investigation, charge sheet has been filed against them for the aforesaid offences. 8. As per the charge sheet allegations, accused No.1 suspected the chastity of his wife and therefore, he conspired with his friend accused No.2 and has promised to pay him a sum of Rs.3,00,000/- for committing murder of his wife. In furtherance of such conspiracy, accused No.2 who had come out on bail in a case registered against him for having committed the murder of his wife had gone to the house of accused No.1. representing himself as a courier boy and having gained entrance to the house, thereafter had caught hold of deceased Pushpalatha and had closed her mouth and nose with his hands. As a result, she fell down unconscious. Thereafter accused No.2 allegedly intended to have sex with Pushpalatha and in the meanwhile, since she gained - 7 - HC-KAR NC: 2025:KHC:48802 CRL.P No. 13852 of 2025 conscious, accused No.2 strangulated her neck with his hands, committed her murder and thereafter hanged her dead body to the iron rod of the window in the house of accused No.1 and had left the place. 9. During the course of investigation, police have recovered a face mask which contained moustache hair and said hair was forwarded to Forensic Science Laboratory for the purpose of DNA test report. In the DNA test report now received by the prosecution, it is stated that the hair and face mask which were recovered from the spot of crime on 05.02.2024 belonged to the petitioner. 10. Petitioner is a person with criminal antecedents and he is charge sheeted for having committed the murder of his wife. After he was enlarged on bail in said case, he has committed the murder of the wife of accused No.1. Having regard to the previous antecedent of the petitioner and also the material collected against him by the - 8 - HC-KAR NC: 2025:KHC:48802 CRL.P No. 13852 of 2025 prosecution during the course of investigation, I am of the opinion that his prayer for grant of a regular bail at this stage cannot be considered. Under the circumstances, I am not inclined to entertain this petition. Accordingly, this petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 2