- 1 - HC-KAR NC: 2025:KHC:45571 CRL.P No. 14445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14445 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. MANJUNATHA S/O BIREGOWDA AGE ABOUT 46 YEARS R/AT: MALLENAHALLI VILLAGE, KASABA HOBALI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 131. …PETITIONER (BY SRI. HARISH KUMAR M.C., ADVOCATE) AND: 1. STATE BY RURAL POLICE CHIKKAMAGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. BEEREGOWDA S/O. LATE NANJEGOWDA, AGE ABOUT 70 YEARS, R/AT: HAGARE VILLAGE AND POST, BELUR TALUK, HASSAN DISTRICT - 573 216. (DELETED VIDE ORDER DATED 25.10.2025) …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; R2 - DELETED V/O. DATED 25.10.2025) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45571 CRL.P No. 14445 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 22.09.2025 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU IN S.C.NO.93/2025 (IN CRIME NO.148/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103 AND 85 OF BNS, 2023 OF THE RESPONDENT RURAL POLICE STATION, CHIKKAMAGALURU AND ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.93/2025 PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU. 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 the sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.93/2025 (arising out of Crime No.148/2025 of Chickmagalur Rural Police Station), registered for offences punishable under Sections 103 and 85 of Bharatiya Nyaya Sanhita, 2023, pending on the file - 3 - HC-KAR NC: 2025:KHC:45571 CRL.P No. 14445 of 2025 of II Additional District and Sessions Judge, Chikkamagaluru. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the father of the deceased earlier had filed a complaint and it is based on the statement of C.W.2 - son of the deceased and it is registered in UDR. There was no any allegation against this petitioner in the said complaint. Subsequently, the father of the deceased again filed a complaint based on the statement of C.W.2 - son of the deceased. The statement of C.W.2 has been recorded under Section 183 of BNSS wherein, there is no any allegation of this petitioner assaulting the deceased, pressing her neck etc. The marriage of the petitioner with the deceased has taken place twenty (20) years ago. As the charge sheet is filed, the petitioner is not required for - 4 - HC-KAR NC: 2025:KHC:45571 CRL.P No. 14445 of 2025 custodial interrogation. The petitioner is having two children and he has to look after them. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, C.W.2 is the son of the deceased and he is the only eye witness to the incident. The postmortem report indicates that, cause of death is due to asphyxia due to smothering and there are ten (10) injuries noted in the said report. The offence alleged against the petitioner is a heinous offence and punishable either with death or imprisonment for life. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused charge sheet and other materials placed on record. 6. The deceased was the wife of this petitioner. They had two children i.e., C.W.2 - son and C.W.3 - - 5 - HC-KAR NC: 2025:KHC:45571 CRL.P No. 14445 of 2025 daughter. It is alleged that, there were quarrels between the petitioner and the deceased and panchayat was held and the petitioner has been advised in the said panchayat. Even thereafter, the petitioner used to quarrel with the deceased. On 24.04.2025, the petitioner quarreled with the deceased. On hearing the sound, C.W.2 - son of the deceased went inside the house. At that time, the petitioner was pressing the neck of the deceased and when C.W.2 screamed, C.W.4 and C.W.5 came and made the deceased to drink water. Thereafter, the deceased was taken to hospital. As per the charge sheet, C.W.2 is the only eye witness to the incident. The statement of C.W.2 has been recorded under Section 183 of BNSS. In the said statement, C.W.2 has not stated he witnessing the petitioner pressing the neck of the deceased. The petitioner is in custody since 26.04.2025 and as the charge sheet is filed, the petitioner is not required for further custodial interrogation. The marriage of the - 6 - HC-KAR NC: 2025:KHC:45571 CRL.P No. 14445 of 2025 petitioner with the deceased has taken place twenty (20) years ago and C.W.2 and C.W.3 are two children of the petitioner. There are no criminal antecedents of the petitioner. Earlier, there is no any complaint by the deceased against the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in S.C.No.93/2025 (arising out of Crime No.148/2025 of Chickmagalur Rural Police Station), pending on the file of II Additional District and Sessions Judge, Chikkamagaluru, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the trial Court. - 7 - HC-KAR NC: 2025:KHC:45571 CRL.P No. 14445 of 2025 ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 7