- 1 - HC-KAR NC: 2025:KHC:34098 CRL.P No. 10902 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10902 OF 2025 BETWEEN: SUDAKAR B.G. S/O GURUMURTHY, AGED ABOUT 26 YEARS, R/AT KANNAMPAALLI, BEHIND PADMAASHAALI KALYANA MANTAPA, CHINTAMANI TOWN, CHIKKABALLAPURA-563 125. AND PERMANENT RESIDENT OF DODDABOMMANAHALLI, MYLANDHAHAALLI PANCHAYATH, CHIKKABALLAPURA TALUK AND DISTRICT-563 125. …PETITIONER (BY SRI. SHABARISH GOWDA K., ADVOCATE FOR SRI. SHANKARNAG U., ADVOCATE (APPEARED THROUGH VC)) AND: THE STATE OF KARNATAKA HOSAKOTE POLICE STATION, REP BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34098 CRL.P No. 10902 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO PASS AN ORDER TO DIRECTING THE COURT VI ADDL. DISTRICT AND SESSIONS JUDGE TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.177/2023 (CR.417/22) (ANNEXURE-E) FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302 AND 506 OF IPC ON THE FILE OF HOSAKOTE P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioner/sole accused on bail in Crime No.417/2022 of Hosakote Police Station, registered for the offence punishable under Section 302 r/w 34 of IPC. 2. Chargesheet is filed for the offence punishable under Section 302 and 506 of IPC. Trial is pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in S.C.No.177/2023. 3. Learned counsel for petitioner contended that petitioner was arrested on 01.12.2022, he is in custody for - 3 - HC-KAR NC: 2025:KHC:34098 CRL.P No. 10902 of 2025 the past 2 years 9 months. Material witnesses are not appearing before the Court to give evidence, inspite of issuance of summons and proclamation. Petitioner is suffering from certain health issues. His minor child aged 5 years is deprived of his father’s love and affection and the child is in the custody of relatives. The learned counsel further contended that petitioner is innocent and he has been falsely implicated. He is ready and willing to abide by any conditions, if he is enlarged on bail. 4. Per contra, learned High Court Government Pleader has contended that petitioner has committed the murder of his wife by stabbing her with a knife all over her body. Blood stained knife and clothes are recovered at the instance of petitioner. CW.2 is an eyewitness and he is none other than the brother-in-law of petitioner. Hence, there is a prima facie case against the petitioner and if he is enlarged on bail, there are chances of tampering the prosecution witnesses. Accordingly, sought to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:34098 CRL.P No. 10902 of 2025 5. A perusal of the complaint lodged by the mother of the deceased goes to show that the petitioner and his wife (deceased) were staying with the complainant. Petitioner was addicted to alcohol and he was torturing his wife, suspecting her fidelity. He then deserted her and therefore, deceased and her child were being looked after by the complainant. For about 7 to 8 months, petitioner did not come to see his wife and the child. On 29.11.2022 at about 5.00 p.m., he came near the house and started shouting that he will teach a lesson to her. At about 7.00 – 7.15 p.m., complainant heard a loud scream. Her son Srinivas - CW.2 informed her that petitioner has stabbed the deceased. Petitioner who was seen climbing down the staircase holding a knife, threatened complainant’s husband and sped away in the motorcycle. 6. CW.2 is an eyewitness to the incident. After the arrest of the petitioner, blood stained knife and clothes are recovered from him. As per Post Mortem report, - 5 - HC-KAR NC: 2025:KHC:34098 CRL.P No. 10902 of 2025 7 injuries are noticed on the dead body which are incised and stab injuries. Death is due to shock and hemorrhage as a result of stab injuries to the chest and abdomen sustained. Materials collected by the prosecution, at this stage show a prima facie case against the petitioner. 7. Petitioner was arrested on 01.12.2022. The trial is in progress. Even though it is submitted by the learned counsel that petitioner is suffering from certain health issues, no material whatsoever has been placed on record. The said ground was not raised before the Sessions Court while seeking bail. 8. Considering the nature and gravity of the offence and punishment prescribed for the offence allegedly committed by the petitioner, the incarceration undergone by him is not a ground at this stage to enlarge him on bail. It is contended that inspite of service of summons and NBWs issued to CWs.1 to 3, the said witnesses are not secured before the trial Court to give evidence. - 6 - HC-KAR NC: 2025:KHC:34098 CRL.P No. 10902 of 2025 9. The trial Court shall secure the presence of the prosecution witnesses and record their evidence, taking necessary steps. If the petitioner is suffering from any health issues, the concerned jail authority shall provide necessary treatment to him. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 36