- 1 - HC-KAR NC: 2025:KHC-D:9339 CRL.P No. 102842 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102842 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MANJUNATH S/O. HANAMAPPA KATTIMANI, AGE: 30 YEARS, OCC: EMPLOYEE, R/O: MUDDABALLI, TQ: AND DIST: KOPPAL-583 238. … PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (KUSHTAGI POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PRESENT PETITIONER, WHO IS ARRAYED AS ACCUSED IN S.C. NO.90/2021, ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL, IN CONNECTION WITH KUSTAGI POLICE STATION CRIME NO.136/2021, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498A, 302, 304B, 201 OF IPC AND UNDER SECTIONS 3, 4 AND 6 OF D.P. ACT, BY ALLOWING THIS PETITION, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9339 CRL.P No. 102842 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Spl.C.No.90/2021 pending before the District and Sessions Judge, Koppal, arising out of Crime No.136/2021 registered by Kushtagai Police Station, Koppal, for the offences punishable under Sections 498A, 302, 304B, 201 of IPC and under Sections 3, 4 and 6 of D.P. ACT, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.136/2021 was registered by Kushtagai Police Station, Koppal, initially for the offences punishable under Sections 498A, 302, 304B, 201 of IPC against the petitioner based on the first information dated 30.07.2021 received from Basvaraj Mariyappa Chowri who is the father of the deceased Smt. Manjula. During the course of investigation, petitioner was arrested on 31.07.2021. After completing investigation, charge sheet - 3 - HC-KAR NC: 2025:KHC-D:9339 CRL.P No. 102842 of 2025 has been filed against him for the aforesaid offences. His bail application filed before the trial Court in Spl.C.No.90/2021 was rejected on 02.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that out of the 39 charge sheet witnesses cited in the present case, 15 witnesses have been already examined. All the material charge sheet witnesses are already examined. Petitioner is required to take care of his minor children. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that death is as a result of strangulation of the neck of the petitioner. There are strong circumstances to connect the petitioner to the crime. Accordingly, she prays to dismiss the petition. 6. Petitioner is the husband of the deceased Manjula. Their marriage was solemnized on 01.02.2017 and from the wedlock, they have two minor children. - 4 - HC-KAR NC: 2025:KHC-D:9339 CRL.P No. 102842 of 2025 Allegation against the petitioner is that after the marriage, he was demanding additional dowry from the deceased and also was ill-treating her. It is further alleged that the petitioner had illicit relationship with a lady and this was opposed by Manjula. Therefore, petitioner had decided to commit the murder of his wife and on 30.07.2021, he had taken his wife along with him at about 5.00 am on the pretext of going for a walk. On his way, he had allegedly assaulted his wife with a stone on her head and thereafter, had strangulated her neck with cable wire and had committed her murder. 7. The entire case of the prosecution is based on circumstantial evidence. Out of the 39 charge sheet witnesses cited in the present case, 15 witnesses have been examined as PW1 to PW15. The learned counsel for the petitioner who has produced the copy of the deposition of the aforesaid witnesses has stated that material charge sheet witnesses have been examined in the present case. According to the learned HCGP, CWs.14, 15 and 17 are the - 5 - HC-KAR NC: 2025:KHC-D:9339 CRL.P No. 102842 of 2025 material charge witnesses. CW14 and 15 have been examined as PW10 and PW11 in the present case and CW17 is stated to have been given up by the prosecution. Since all material charge sheet witnesses are already examined, there cannot be apprehension that the petitioner may tamper the material prosecution witnesses. The petitioner has no other criminal antecedent. He has been in custody for the last more than 4 years. The Hon’ble SC in the case of Javed Gulam Nabi Saikh Vs. State of Maharashtra and Another reported in (2024) 9 SCC 813 in paragraph no.17 has observed as follows:- “If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article - 6 - HC-KAR NC: 2025:KHC-D:9339 CRL.P No. 102842 of 2025 21 of the Constitution applies irrespective of the nature of the crime.” 8. Considering the above said aspects of the matter and, I am of the opinion that the prayer made by the petitioner, for grant of bail needs to be answered affirmatively without expressing any opinion on the merits and demerits of the case. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in Spl.C.No.90/2021 pending before the District and Sessions Judge, Koppal, arising out of Crime No.136/2021 registered by Kushtagai Police Station, Koppal, for the offences punishable under Sections 498A, 302, 304B, 201 of IPC and under Sections 3, 4 and 6 of D.P. ACT, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with - 7 - HC-KAR NC: 2025:KHC-D:9339 CRL.P No. 102842 of 2025 two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 44