- 1 - HC-KAR NC: 2025:KHC-D:13986 CRL.P No. 103801 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103801 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAJESH S/O. VENKATESH, AGE. 28 YEARS, OCCUPATION. BUSINESS, R/O. BHUVANAHALLI PALLYA VILLAGE, KASABA HOBALI, TURUVEKERE TALUK, TUMAKUR DISTRICT-572101. …PETITIONER (BY SRI. J.S. SHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS KOPPAL TOWN POLICE STATION AUTHORITIES, REPRESENTED BY THE STATE BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ORDERED TO BE RELEASED ON REGULAR BAIL, IN S.C. NO.29/2025 (KOPPAL TOWN P.S. CRIME NO.6/2025), ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL, AT: KOPPAL FILED Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13986 CRL.P No. 103801 of 2025 AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1) OF THE B.N.S. ACT, BY ALLOWING THIS CRIMINAL PETITION, IN THE ENDS OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for regular bail in Crime No.6/2025 of Koppal Town Police Station for the offence under Section 103(1) of Bharatiya Nyaya Sanhita, 20231 pending in SC No.29/2025 on the file of Principal District and Sessions Judge, Koppal2. 2. The case of the prosecution is that, the accused No.1 and his wife had deposited the amount to the committee of Koppal Fair. They were told that shop will be allotted to sell the steel utensils in the said fair. On 12.01.2025 around about 11.20 a.m., the petitioner 1 For short, ‘BNS’ 2 For short, ‘Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:13986 CRL.P No. 103801 of 2025 suspecting the fidelity of his wife, started quarrelling under the influence of alcohol. When the deceased Geeta started to proceedings to go to her native as she was fed up with her husband, he followed her with knife and committed her murder. CW14 and CW15 are the eyewitnesses have witnessed the said incident and immediately, they informed the doctors CW16 to CW19, thereafter, she was shifted to hospital. However, she died. The respondent-police on receiving the complaint, registered the case and submitted the charge sheet. 3. Heard Sri.J. S. Shetty, learned counsel for the petitioner and Sri. Praveen Y. Devareddi, learned counsel for the respondent-State. 4. It is the submission of the learned counsel for the petitioner that, though in the charge sheet it is stated that CW14 and CW15 are the eyewitnesses to the incident, they did not choose to lodge a complaint however, a complaint came to be registered by a relative - 4 - HC-KAR NC: 2025:KHC-D:13986 CRL.P No. 103801 of 2025 of the deceased who was not present at the spot which creates doubt regarding the presence of CW14 and CW15 at the time of the alleged incident. Moreover, though the incident had occurred on 12.01.2025, the accused was arrested on the following day. 5. It is further submitted that the petitioner is having two children, who are 5 years and 3 years respectively. He has to take care of them and he is the only earning member of the family. Therefore, he may be enlarged on bail by imposing suitable conditions in the event of his release on bail. Having said thus, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the petitioner had committed heinous offence and he killed his wife by suspecting her fidelity. The said incident had been witnessed by two eyewitnesses namely CW14 and CW15 and other - 5 - HC-KAR NC: 2025:KHC-D:13986 CRL.P No. 103801 of 2025 witnesses namely CW16 to CW19. The entire case is based on the statement of eyewitnesses. Therefore, it is appropriate to reject the application. 7. Having considered the rival submissions of the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that the petitioner and the deceased were husband and wife. The petitioner used to suspect her fidelity and quarrel with her often. On the previous date of alleged incident, there was a quarrel between the deceased and the petitioner. The petitioner had assaulted the deceased by suspecting her fidelity. It was advised that they have to maintain cordiality between themselves. However, on the following day he stated to have committed murder of his wife by suspecting the fidelity. 8. Be that as it may, whether it has taken place at a spur of moment or he had intention to commit murder is required to be dealt with in the trial. Having considered - 6 - HC-KAR NC: 2025:KHC-D:13986 CRL.P No. 103801 of 2025 the circumstances and also the nature of offence committed by the petitioner, it is appropriate to grant him bail by imposing suitable conditions in the interest of the children of him. 9. Therefore, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.6/2025 of Koppal Town Police Station for the offences under Sections 103(1) of Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with one surety to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:13986 CRL.P No. 103801 of 2025 (iv) The petitioner shall not threaten the prosecution witnesses. Sd/- (S.RACHAIAH) JUDGE SMM / CT: UMD List No.: 2 Sl No.: 3