- 1 - HC-KAR NC: 2025:KHC:47975 CRL.P No. 10299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10299 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHIVANANDA M H @ DILIP S/O HANUMEGOWDA AGE ABOUT 36 YEARS R/A: MANIPURA VILLAGE KASABA HOBLI, ALURU TALUK HASSAN – 573 213. AND R/AT C/O PARAMESHWAR RENTED HOUSE VEERASAGARA ROAD SOMPURA HOBLI NELAMANGALA - 562 123. …PETITIONER (BY SRI. MAHESH Y L, ADVOCATE) AND: 1. STATE OF KARNATAKA BY DOBBESPET POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. ASHA W/O LATE DEVEGOWDA AGE ABOUT 53 YEARS R/A: J P NAGARA, BALUPETE, BELAGODU HOBLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47975 CRL.P No. 10299 of 2025 SAKALESHPURA TALUK HASSAN - 573 214. (DELETED AS PER ORDER DTD.20.11.25) …RESPONDENTS (BY SMT. PUSHPALATHA B ADDL. SPP FOR R1 V/O DTD. 20.11.2025 R2 IS DELETED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.No.310/2024 (ARISING OUT OF CASE REGISTERED BY DOBBASPER POLICE STATION IN CR.No.202/2024) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 80,85,103(1),238 OF BNS AND SECTION 4 OF D.P ACT 1961. 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 BNSS praying to grant bail in S.C.No.310/2024 (arising out of Crime No.202/2024 of Dobbespet Police Station) registered for offence punishable under Sections 80, 85, 103(1), 238 of BNS and Section 4 of Dowry Prohibition Act, pending on the file of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:47975 CRL.P No. 10299 of 2025 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that the deceased came to the house of the petitioner on 15.08.2024 and as per statement of one Devraj – CW.3, the petitioner was sleeping in verandah on 16.08.2024, 17.08.2024 and 18.08.2024 and that itself indicates that the petitioner has not committed any offence as alleged. The dead body of the deceased was found in the bathroom on 19.08.2024. On that day also the petitioner was present outside the house. Earlier the complaint has been filed against four accused persons and subsequently, complainant gave a statement that three accused persons are not involved in the case and therefore, charge sheet has been filed only against petitioner/accused and that itself indicates that the complaint has been filed to falsely implicate the accused persons. The petitioner is suffering from liver disorder and he requires liver transplantation. The petitioner is in judicial custody since last 15 months. - 4 - HC-KAR NC: 2025:KHC:47975 CRL.P No. 10299 of 2025 The petitioner is having two children aged 4 and 6 years and he has to look after them. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these he prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that the clothes and knife are seized at the instance of this petitioner and they are found to be blood stained in the FSL report. The PM report indicates that the cause of death is due to hemorrhage as a result of chop and stab wounds inflicted and the deceased had nine external injuries. The charge sheet material show prima-facie case against the petitioner for offences alleged against him. With these she prayed for rejection of the petition. 5. Having heard the learned counsels, the Court has perused charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2025:KHC:47975 CRL.P No. 10299 of 2025 6. As per case of the prosecution, the marriage of the petitioner with the deceased has taken place on 09.05.2018 and after marriage petitioner was residing in a house taken on lease at Honnamma Layout. Due to the harassment by this petitioner to the deceased, who is his wife, she went to Manipur Village of Hassan District and residing with this petitioner. The petitioner came to Dobbespet from Manipur Village on 12.08.2024 and deceased came to that house on 15.08.2024. The deceased insisted the petitioner to go to their village on 16.08.2024 and made galata and on 17.08.2024, the petitioner insisted the deceased to go to her parental house and bring dowry and assaulted her with a crater on her head and stabbed her with knife on her chest, back, stomach, thighs and head and killed her and in order to vanish the evidence, put a cotton bed on her and set fire and the body was half burnt. There are no eyewitnesses to the incident and the entire case of the prosecution is based on circumstantial evidence. The statement of CW.3 - 6 - HC-KAR NC: 2025:KHC:47975 CRL.P No. 10299 of 2025 - Devaraj indicates that the petitioner was sleeping outside the house in the verandah on 17.08.2024 and 18.08.2024. The Doctor who conducted examination on the dead body of the deceased has not given the time since death, stating that the body was decomposed and it was kept in a cold storage. It is stated that petitioner is suffering from liver disorder and he has received a call for liver transplantation from Victoria Hospital. The petitioner is having two children aged 4 and 6 years. Considering above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioner is granted bail in S.C.No.310/2024 (arising out of Crime No.202/2024 of Dobbespet Police Station) pending on the file of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru subject to following conditions: (i) The petitioner shall execute a personal bond for the sum of Rs.1,00,000/- - 7 - HC-KAR NC: 2025:KHC:47975 CRL.P No. 10299 of 2025 (Rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court. (ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 37 Ct.sm