- 1 - HC-KAR NC: 2025:KHC:27200 CRL.P No. 9138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9138 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: JENUKURUBARA ANNAIAH S/O. LATE BASAVA, AGED ABOUT 36 YEARS, R/AT KADLIMAKKI VILLAGE, SHANIVARASANTHE, SOMWARPET TALUK, 571236. KODAGU DISTRICT. …PETITIONER (BY SRI. KANTHARAJAPPA M G., ADVOCATE) AND: THE STATE BY POLICE SUB INSPECTOR SHANIVARASANTHE POLICE STATION, SHANIVARASANTHE. SOMWARPET TALUK, 571236. KODAGU DISTRICT. REP BY- HIGH COURT SPP, HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27200 CRL.P No. 9138 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER IN RESPECT OF IN S.C.NO.31/2024 FOR THE ALLEGED OFFENCES P/U/S 201 AND 302 OF IPC, ARISING OUT OF CRIME NO.169/2023 REGISTERED BY SHANIVARASANTHE POLICE STATION SHANIVARASANTHE, KODAGU DISTRICT, WHICH IS PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS COURT AT MADIKERI KODAGU IN S.C.NO.31/2024, BY ALLOWING THIS PETITION 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 in S.C.No.31/2024 pending before the Principal District & Sessions Judge at Madikeri, Kodagu District, arising out of Crime No.169/2023 registered by Shanivarasanthe Police Station, Kodagu District for the offence punishable under Sections 302 & 201 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:27200 CRL.P No. 9138 of 2025 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. FIR in Crime No.169/2023 was registered by Shanivarasanthe Police, Kodagu District, against the petitioner based on the first information dated 14.11.2023 received from one Hirannaiah K. S. S/o Subbaiah, who was the employer of the petitioner. During the course of investigation of the case, the petitioner was arrested on 14.11.2023 and subsequently remanded to judicial custody. After completing the investigation of the case, charge sheet has been filed against the accused for the aforesaid offences. 4. The bail petition filed by the petitioner before the Trial Court in Crl.Misc.No.290/2024 was rejected on 12.09.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that - 4 - HC-KAR NC: 2025:KHC:27200 CRL.P No. 9138 of 2025 the material chargesheet witnesses have been already examined in the case. The petitioner is in custody for the last more than 20 months. He had no motive against the deceased. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition and submits that there are material to connect the petitioner to the alleged crime. Accordingly, she prays to dismiss the bail petition. 7. The first informant, who was the employer of the petitioner and his wife-deceased Neela had approached the jurisdictional police on 14.11.2023 and submitted his first information alleging that the petitioner and his wife- Neela were working in his Coffee Estate for the last about 10 months. On 14.11.2023 the petitioner had confessed to the first informant that he had murdered his wife-Neela on 06.11.2023 and had buried her dead body in the banana garden. It is under the circumstances, the FIR was registered against the petitioner. - 5 - HC-KAR NC: 2025:KHC:27200 CRL.P No. 9138 of 2025 8. During the course of the investigation of the case, the petitioner was arrested on 14.11.2023 and after completing the investigation, chargesheet has been filed against the accused for the aforesaid offences. As per the chargesheet allegation, on 06.11.2023 at about 8.00 p.m., the petitioner had asked his wife to prepare food as he was feeling hungry. His wife-Neela allegedly abused him by using filthy language against his mother and therefore, the petitioner got enraged and allegedly assaulted her with the firewood on her head and when Neela pushed the petitioner, he fell down and grabbed a sickle which was lying nearby and assaulted her, as a result, she had suffered grievous injuries and succumbed to the injuries on the spot. The material chargesheet witnesses have been already examined in the present case. The entire case of the prosecution is based on circumstantial evidence. The petitioner is in custody for the last more than 20 months. Under these circumstances, I am of the opinion that the prayer of the petitioner for grant of - 6 - HC-KAR NC: 2025:KHC:27200 CRL.P No. 9138 of 2025 regular bail requires to be answered affirmatively without expressing any opinion on the merits/demerits of the case. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner/accused is directed to be enlarged on bail in S.C.No.31/2024 pending before the Principal District & Sessions Judge, Madikeri, Kodagu District, arising out of Crime No.169/2023 registered by Shanivarasanthe Police Station for the offence punishable under Sections 302 & 201 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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; - 7 - HC-KAR NC: 2025:KHC:27200 CRL.P No. 9138 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; and d) 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 DL