- 1 - HC-KAR NC: 2025:KHC:42596 CRL.P No. 13447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13447 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RAJU M R S/O RANGASHAMAIAH AGE ABOUT 40 YEARS R/A 4TH CROSS V .P .L. D BANK ROAD K R BADAVANE MADHUGIRI TOWN TUMAKURU DISTRICT -572 121. …PETITIONER (BY SRI. PURUSHOTHAMA H.E, ADVOCATE) AND: 1. THE STATE BY MADHUGIRI P.S. TUMKURU DISTRICT REP BY S.P.P HIGH COURT BENGALURU -560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.No.5012/2023 (CRIME NO.25/2023 OF MADHUGIRI POLICE) FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A,302,34 OF IPC PENDING BEFORE THE IV Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42596 CRL.P No. 13447 of 2025 ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 439 of Cr.P.C praying to grant bail in S.C.No.5012/2023 (arising out of Crime No.25/2023 of Madhugiri Police Station) registered for offences punishable under Section 498A, 302, 34 IPC pending on the file of IV Additional District and Sessions Judge, Tumkuru sitting at Madhugiri. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that accused Nos.2 and 3 who are parents of this petitioner have been granted bail. He further submits that in the charge sheet, CW.14 and CW.15 are shown as eyewitnesses and their statements are also recorded - 3 - HC-KAR NC: 2025:KHC:42596 CRL.P No. 13447 of 2025 under Section 164 of Cr.P.C. In their statement recorded under Section 164 of Cr.P.C, both have not stated as they having witnessed the incident. He further submits that petitioner is in judicial custody since last 2 years 8 months. With these he prayed to allow the petition. 4. Per contra, learned HCGP contends that CW.14 and CW.15 in their statements recorded by the police have specifically stated that they have seen the incident of this petitioner putting liquid used for flex on the deceased and litting fire. Their statements were also recorded under Section 164 of Cr.P.C. The offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. He further submits that trial has commenced, and if the petitioner is granted bail he will threaten the prosecution witnesses and will not be available for trial. With these he prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:42596 CRL.P No. 13447 of 2025 5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record. 6. The petitioner is the husband of deceased- Soumya. The incident has taken place on 12.02.2023 and deceased died in the hospital on 25.02.2023. The accusation against the petitioner in the charge sheet is that he put liquid used for flex on the deceased and lit fire, due to which she sustained burn injuries and died in the hospital while taking treatment. The other accusation against the petitioner is that he used to come drunk and under intoxication he used to quarrel with the deceased and assault her. As the petitioner was assaulting her, he along with her child went to the house of CW.14 – Narasamma for sleeping. The petitioner suspecting her character, quarreled with her and put the liquid used for flex and lit fire. As per charge sheet, CW.14 and CW15 are eye witnesses to the incident. Both of them have stated that they have witnessed the incident in their statement - 5 - HC-KAR NC: 2025:KHC:42596 CRL.P No. 13447 of 2025 before the police but they have not stated having witnessed the incident in their statement recorded under Section 164 of Cr.P.C. The dying declaration of the deceased has been recorded by the Tahsildar on 22.02.2023. In the said dying declaration, the deceased has specifically stated that her husband petitioner/accused No.1, putting liquid used for flex and litting fire. The said dying declaration has been recorded in the presence of a medical officer, who has affixed signature for the same. Considering the above aspect, there is a prima-facie case against the petitioner for offences alleged against him. The trial is commenced and some witnesses are already examined. At this stage, if the petitioner is granted bail there are chances of he fleeing from justice and not available for the trial. The offence alleged against the petitioner is punishable either with death or imprisonment for life. Considering the above aspect, the petitioner has not made out any case for grant of bail. In the result, the petition is dismissed. - 6 - HC-KAR NC: 2025:KHC:42596 CRL.P No. 13447 of 2025 In view of dismissal of petition, I.A.1/2025 shall stand disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 13 Ct.sm