- 1 - HC-KAR NC: 2025:KHC:42069 CRL.P No. 13865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13865 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: AKSHAY S/O VISHWANATH, AGED ABOUT 28 YEARS, R/AT NO. 80, 1ST MAIN, 3RD CROSS, DODDAMMA LAYOUT, VIDYAMANYA NAGARA, ANDRAHALLI MAIN ROAD, BENGALURU - 560 091. PERMANENT ADDRESS SIDDAPURA VILLAGE, JANASHALE POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576 201. …PETITIONER (BY SRI. NAGARATHNAMMA K.N., ADVOCATE) AND: STATE BY BYADARAHALLI POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42069 CRL.P No. 13865 of 2025 PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.848/2023 (SC. NO.63/2024) OF BYADARAHALLI POLICE STATION, BENGALURU RURAL DISTRICT, IN THE COURT OF VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL AND OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 203, 450 READ WITH 34 OF IPC. 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.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.848/2023 of Byadarahalli Police Station (pending in S.C.No.63/2024 on the file of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru) registered for offences punishable under Sections 302, 201, 203, 450 read with 34 of IPC. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2025:KHC:42069 CRL.P No. 13865 of 2025 3. Learned counsel for petitioner would contend that, the petitioner/accused No.2 is in judicial custody since 14.10.2023. The trial has been commenced and the material witnesses who are examined have been turned hostile. On these grounds, she prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that, the specific overtact alleged against the petitioner/accused No.2 is that, pressing the neck of the deceased and killing her. The trial is in progress and if the petitioner is granted bail, he will abscond and he will not be available for trial. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, charge sheet and other materials placed on record. 6. The petitioner/accused No.2 was having illicit relationship with accused No.1. Accused No.1 was fed up - 4 - HC-KAR NC: 2025:KHC:42069 CRL.P No. 13865 of 2025 with harassment given by her mother-in-law i.e., deceased Lakshmamma and therefore, accused No.1 informed the same to petitioner/accused No.2 to kill her mother-in-law. Accused No.1 gave sleeping tablets given to her by petitioner/accused No.2 and when she slept, accused No.1 informed the same to the petitioner/accused No.2 and went outside along with her father-in-law to the market. Thereafter, the petitioner/accused No.2 entered the house of the deceased and committed the murder of the deceased by pressing her neck. Thereafter, accused No.1 informed everyone that the deceased has suffered heart attack. The petitioner/accused No.2 is in judicial custody since 14.10.2023. Accused Nos.1 and 3 have been granted bail. Considering the overtact, the petitioner/accused No.2 is not entitled for grant of bail on the ground of parity. The trial has already commenced and several witnesses have been examined. Considering the said aspect, if the petitioner is granted bail, he will abscond and hamper the further trial. - 5 - HC-KAR NC: 2025:KHC:42069 CRL.P No. 13865 of 2025 7. Considering the said aspect, the petitioner is not entitled for grant of bail. In the result, this Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 7