- 1 - HC-KAR NC: 2025:KHC:27313 CRL.P No. 9484 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. 9484 OF 2025 BETWEEN: SRI NANDISH KUMAR B.M S/O LATE MALLIKARJUNAIAH B.N AGED ABOUT 47 YEARS R/AT BILIKERE VILLAGE AND HOBLI, HUNSUR TALUK MYSURU DISTRICT - 571 103. …PETITIONER (BY SRI SRIKANTH PATIL K, ADV.) AND: THE STATE OF KARNATAKA BY BILIKERE POLICE STATION HUNSUR, NOW REPRESENTED BY STATE PP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN S.C.NO.5013/2025 (CRIME NO.334/2024 OF BILIKERE POLICE STATION, HUNSUR TALUK) PENDING ON THE FILE OF THE VIII ADDL. DISTRICT AND SESSIONS COURT, MYSURU SITTING AT HUNSUR FOR THE OFFENCE U/S.103(1),238 OF BNS 2023. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27313 CRL.P No. 9484 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.5013/2025 pending before the Court of VIII Addl. District and Sessions Court, Mysuru, sitting at Hunsur, arising out of Crime No.334/2024 registered by Bilikere Police Station, Mysuru, for the offences punishable under Sections 103(1) and 238 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.334/2024 was registered by Bilikere Police Station, Mysuru District, initially for the offence punishable under Section 103(1) of BNS, 2023, against unknown person, based on the first information dated 02.12.2024 received from Lokesh B N, S/o Nagaraju B N. During the course of investigation, petitioner herein was arrested on 03.12.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail - 3 - HC-KAR NC: 2025:KHC:27313 CRL.P No. 9484 of 2025 application filed before the Trial Court in SC No.5013/2025 was rejected on 23.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a post graduate in M.Sc and he was earlier working in a Company. Since the family has got ancestral property, he had left his job and had stayed in his village and was living with his mother. After the dead body of his mother Shanthamani was found in his house on 02.12.2024, petitioner had informed the police about the same at about 18.54 hours. FIR has been registered in the present case at about 21.30 hours based on the statement allegedly received from Lokesh B N, who is the cousin brother of petitioner. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that there are strong circumstances connecting the petitioner to the crime. Deceased is his mother. Accordingly, he prays to dismiss the petition. 6. FIR has been registered in the present case against unknown person after the dead body of deceased Shanthamani - 4 - HC-KAR NC: 2025:KHC:27313 CRL.P No. 9484 of 2025 was found inside her house. In the charge sheet which is filed after completing investigation, it is alleged that petitioner was living with his mother and for the purpose of their livelihood, they were depending on the pension amount that was received by Smt. Shanthamani. On the alleged date of incident, petitioner allegedly had quarreled with his mother for not providing him sambar along with rice. He allegedly had assaulted his mother with a broken wooden stool piece and had committed her murder. 7. The alleged incident had taken place between 18.40 and 18.50 hours on 02.12.2024. The material on record would go to show that petitioner had called the jurisdictional police from his mobile phone at about 18.55 hours and had brought to their notice about the death of his mother. FIR in the present case however has been registered based on the first information received from Lokesh B N on 02.12.2024 at about 21.30 hours. The entire case of the prosecution is based on circumstantial evidence. Petitioner has produced certain material before this Court to show that he has some land/property whereas the allegation in the charge sheet is that he was entirely dependent - 5 - HC-KAR NC: 2025:KHC:27313 CRL.P No. 9484 of 2025 on the pension amount of his mother for their livelihood. Investigation in the case is completed and charge sheet has been filed. The allegations in the charge sheet is required to be proved in a full fledged trial. Undisputedly, he has no other criminal antecedents. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5013/2025 pending before the Court of VIII Addl. District and Sessions Court, Mysuru, sitting at Hunsur, arising out of Crime No.334/2024 registered by Bilikere Police Station, Mysuru, for the offences punishable under Sections 103(1) and 238 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 - 6 - HC-KAR NC: 2025:KHC:27313 CRL.P No. 9484 of 2025 Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) 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 DN