- 1 - HC-KAR NC: 2025:KHC:43540 CRL.P No. 10211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10211 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: RAJU @ KAJJAYA RAJU S/O LATE SIDDEGOWDA, AGED ABOUT 55 YEARS, R/AT KURUBARADODDI VILLAGE, HANURU TALUK, CHAMARAJANAGARA. …PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY RAMAPURA POLICE, CHAARAJANAGARA DISTRICT, THE STATE PUBLIC PROSECUTOR, REPRESENTED BY HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRI NO.21/2025. OF RAMAPURA POLICE, FOR OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 49 READ WITH SECTION 3(5) OF BNS 2023 AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43540 CRL.P No. 10211 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.21/2025 of Rampura Police Station registered for offences punishable under Sections 103(1), 49 read with Section 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for the petitioner would contend that C.W.9 to C.W.12 are stated to eye witnesses to the incident dated 29.01.2025 but their statements have been recorded on 10.02.2025. The delay in recording their statements itself indicates that they are not eyewitnesses to the incident. Even though C.W.9 is a relative of the deceased, she has not lodged any complaint against the petitioner. Accused No.2, who is stated to have - 3 - HC-KAR NC: 2025:KHC:43540 CRL.P No. 10211 of 2025 illicit relationship with this petitioner, who assisted the petitioner in commission of the offence has been granted bail by the Sessions Court. In the complaint and statement given by C.W.1, there is no any allegation of petitioner having illicit relation with accused No.2. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed for allowing the petition and grant of bail to the petitioner –accused No.1. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that C.W.9 to 12 are eyewitnesses to the incident. The post- mortem report indicates that the deceased sustained 14 injuries. The offence alleged against the petitioner is punishable either with death or imprisonment for life. If, the petitioner is granted bail, there are chances of he threatening the prosecution witnesses. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:43540 CRL.P No. 10211 of 2025 5. Having heard learned counsels, the court has perused charge sheet and other materials placed on record. 6. The accusation against the petitioner and accused No.2 is that accused No.1 who is petitioner herein had divided his property among his wife and children and in spite of that his wife and children were not looking him. Therefore, at the instigation of accused No.2 who is having illicit relationship with him has committed the murder of his wife deceased -Rajamma. The alleged incident has taken place on 29.01.2025. C.W.9 to C.W.12 are stated to be eye witnesses to the incident and their statements are recorded on 10.02.2025. C.W.9 is a relative of deceased. She has not filed any complaint against the petitioner. The delay in recording statements of eyewitnesses itself creates a doubt about their witnessing the incident as contended by learned counsel for the petitioner. The petitioner is not having any criminal antecedents. As the charge sheet is filed, the petitioner is not required for - 5 - HC-KAR NC: 2025:KHC:43540 CRL.P No. 10211 of 2025 custodial interrogation. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.21/2025 of Rampura Police Station registered for offences punishable under Sections 103(1), 49 read with Section 3(5) of BNS subject to following conditions; a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court; b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly; - 6 - HC-KAR NC: 2025:KHC:43540 CRL.P No. 10211 of 2025 c) The petitioner –accused No.1 shall appear before the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 27