- 1 - HC-KAR NC: 2025:KHC:44864 CRL.P No. 9238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 9238 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. GOLLA RAJASHEKAR S/O GOLLA GANGADHRA @ LATE CHELUVAIAH AGED ABOUT 30 YEARS, R/AT NEAR SHIVA TEMPLE, KUDLU VILLAGE HOSUR MAIN ROAD, BENGALURU-560100 PERMANENT R/AT B C COLONY, HENDEPALLI, KAMABADURU VILLAGE AND POST, KALANDURGA TALUK ANANTHPUR DISTRICT A P-575761 …PETITIONER (BY SRI. MANJUNATH M R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PARAPPANA AGRAHARA P S BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU-560001. …RESPONDENT (BY Smt.PUSHPALATHA B, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44864 CRL.P No. 9238 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.624/2023 REGISTERED BY PARAPPANA AGRAHARA P.S., BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 OF IPC, PENDING ON THE FILE OF THE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-46) IN SC.NO.530/2024. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.624/2023 of Parappana Agrahara Police Station registered for the offences punishable under Sections 302 and 201 of IPC pending in SC No.530 of 2024 on the file of the learned 45th Additional City Civil and Sessions Judge, Bengaluru. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent/ State 3. The learned counsel for the petitioner would contend that, there are no eyewitnesses to the incident, - 3 - HC-KAR NC: 2025:KHC:44864 CRL.P No. 9238 of 2025 and the case of the prosecution is based on circumstantial evidence. The petitioner on coming to know of his wife hanging herself took her to the hospital that itself indicates that he is not involved in alleged commission of murder of his wife. The doctor, who conducted the examination of the dead body of the deceased, has opined that, the death was due to compression of neck, and in further opinion, he has stated that, the ligature material mentioned in the postmortem report might cause ligature mark found on the deceased. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at the trial. The accused is in judicial custody since last two years, and the case is at the stage of framing charge. The petitioner is having a child aged three years now, and he has to take care of the said child. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, - 4 - HC-KAR NC: 2025:KHC:44864 CRL.P No. 9238 of 2025 the incident has taken place in the house of the accused, and it is for the accused to explain the reason for death of the deceased. The postmortem report indicates that, the cause of death is due to compression over neck, and the doctor, who opined that ligature material has been used to strangulate the deceased. The offence alleged against the petitioner is a heinous offence. With this, she prayed for rejection of the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The deceased is the wife of petitioner/accused. The deceased objected for the petitioner talking closely with his maternal uncle's daughter, and there were quarrels in that regard between them. It is alleged that, this petitioner has pressed the neck of the deceased, and she became unconscious, and he tied veil to her neck and strangulated her. There are no eye witnesses to the - 5 - HC-KAR NC: 2025:KHC:44864 CRL.P No. 9238 of 2025 incident, and the case of the prosecution is based on circumstantial evidence. It is the defence of the petitioner that, the deceased committed suicide. Whether the death of deceased is homicidal or suicidal is a matter of trial. The petitioner is in judicial custody since last two years and charge is not yet framed. There are no criminal antcedents of the petitioner. The petitioner is having a child aged three years, and he has to look after it. 7. Considering all the aspects, the petitioner has made out a case for grant bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.624/2023 of Parappana Agrahara Police Station registered for the offences punishable under Sections 302 and 201 of IPC pending in SC No.530 of 2024 on the file of - 6 - HC-KAR NC: 2025:KHC:44864 CRL.P No. 9238 of 2025 the learned 45th Additional City Civil and Sessions Judge, Bengaluru (CCH-46) subject to following conditions: a) The petitioner 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 Trial Court; b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 4