- 1 - HC-KAR NC: 2025:KHC:50845 CRL.P No. 15447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15447 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI PARASHURAMU @ RAMU S/O LATE MADAIAH AGED ABOUT 42 YEARS R/AT No.15, A BLOCK KALAMANDIRA NEAR GOVRNMENT HOSPITAL ANANDANAGAR, 2ND CROSS MARTHAHALLI BANGALURU – 560 037. …PETITIONER (BY SRI TIGADI VEERANNA GADIGEPPA, ADVOCATE) AND: 1. STATE BY KAGGALIPURA POLICE BENGALURU. REPRESENTED BY THE S P P HIGH COURT BUILDINGS BANGALORE -560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CR.No.415/2023 REGISTERED BY THE RESPONDENT KAGGALIPURA POLICE NOW IN SC No. 190/2024 ON THE FILE OF THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU FOR THE OFFENCE PUNISHABLE SECTION 201 AND 302 OF IPC. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50845 CRL.P No. 15447 of 2025 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 BNSS praying to grant bail in Crime No.415/2023 of Kaggalipura Police Station pending in SC No.190/2024 on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru registered for offences punishable under Section 302 and 201 of IPC. 2. Heard learned counsel for petitioner and learned additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. The petitioner is in judicial custody since last 2 years and till date only four witnesses are examined. The motive alleged is against accused No.1. The deceased had borrowed money from accused No.1 and accused No.1 was insisting deceased - 3 - HC-KAR NC: 2025:KHC:50845 CRL.P No. 15447 of 2025 to repay the amount borrowed. The circumstances against the petitioner is that he and deceased were last seen together on 05.12.2023. The statement of CW.7 has been recorded on 01.03.2024 even though incident has taken place on 05.12.2023. Even though the wire has been stated to be recovered from the house of accused No. 1 at the instance of the petitioner, but no opinion of the doctor has been obtained as to whether that can cause strangulation injury which is noted in the PM report. With these, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the black cable wire has been recovered at the instance of this petitioner from the house of accused No.1. The P.M. report indicates that the death of the deceased is due to ligature strangulation. The charge sheet shows prima-facie case against the petitioner for offences alleged against him. The petitioner is accused for offence under Section 302 of IPC in Crime No.20/2009 and he is having criminal antecedents. With these, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:50845 CRL.P No. 15447 of 2025 5. In reply, learned counsel for petitioner contended that the petitioner has been acquitted in the said Crime No.20/2009. 6. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 7. As per charge sheet, the case of the prosecution is that deceased had borrowed money from the accused No.1. Accused No.1 was insisting the deceased to repay the amount borrowed and the deceased has not repaid the amount borrowed. With the said enmity, accused No.1 along with accused Nos.2 and 3 when deceased was sleeping on his terrace on 05.12.2023 at about 12 midnight, strangulated the deceased with cable wire and caused his death and accused No.3 has assisted the other accused to carry the body in a bag in order to destroy evidence. There are no eye witnesses to the incident and the entire case of the prosecution is based on circumstantial evidence. The circumstances against the petitioner is that he has been last - 5 - HC-KAR NC: 2025:KHC:50845 CRL.P No. 15447 of 2025 seen with deceased by CW.7 on 05.12.2023. The dead body has been recovered on 06.12.2023. The statement of CW.7 has been recorded on 01.03.2024 even though the incident has taken place on 05.12.2023. Even though the cable wire has been seized at instance of the petitioner, the opinion of the doctor as to whether it can cause the injury noted in the PM report has not been obtained. The petitioner is in judicial custody since 19.12.2023 and till now only 4 witnesses are examined. There are 29 witnesses cited in the charge sheet. As the case of the prosecution is based on circumstantial evidence, the prosecution has to establish each of the circumstances at trial. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in S.C.No.190/2024 (Crime No.415/2023 of Kaggalipura Police Station) pending on the file of IX Additional District and - 6 - HC-KAR NC: 2025:KHC:50845 CRL.P No. 15447 of 2025 Sessions Judge, Bengaluru Rural District, Bengaluru, subject to following conditions: (i) The petitioner shall execute a personal bond for sum of Rs.1,00,000/- (Rupees one lakh) with one surety for the like- sum 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.: 1 Sl No.: 14 Ct.sm