- 1 - HC-KAR NC: 2025:KHC:44374 CRL.A No. 2025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2025 OF 2025 (U/S 14(A) (2)) BETWEEN: MANJUNATHA G. K. S/O. KUBERAPPA, AGED 24 YEARS, OCC: DRIVER, R/AT KODAGAVALLI VILLAGE, HOLALKERE TALUK CHITRADURGA DISTRICT - 577526 (NOW JUDICIAL CUSTODY) …APPELLANT (BY SRI. S G RAJENDRA REDDY., ADVOCATE) AND: 1. THE STATE BY HOLALKERE POLICE CHITRADURGA DISTRICT RPTD. BY SPP HIGH COURT BUILDING, BENGALURU - 560001. 2. GOWRAMMA W/O. LATE. DEVENDRAPPA AGED ABOUT 75 YEARS, RAMAGHATTA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577526. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP. FOR R1, R2 SERVED AND UNREPRESENTED.) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44374 CRL.A No. 2025 of 2025 THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT PRAYING TO ALLOW THIS CRL.A AND SET ASIDE THE ORDER DATED 09.09.2025 PASSED BY THE SPL, 2ND ADDL.DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN SPL.C (SC/ST) NO.23/2025 AND ENLARGE THE APPELLANT ON BAIL IN CR.NO.113/2025 OF HOLALKERE P.S. CHITRADURGA DISTRICT, PENDING ON THE FILE OF SPL, 2ND ADDL.DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN SPL.C (SC/ST)NO.23/2025 FOR THE OFFENCE P/U/S 103(1) OF BNS AND SEC.3(2)(v) OF SC/ST (POA) ACT 1986. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/accused has preferred this appeal against the order passed by the Special II Addl. District and Sessions Judge, Chitradurga in Spl.C(SC/ST) No.23/2025 dated 09.09.2025. 2. Brief facts leading to this appeal are that the Investigating Officer has submitted the charge-sheet against the accused for the offences punishable under Section 103(1) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989. The appellant has filed application under Section 483 of BNSS, 2023 and the same came to - 3 - HC-KAR NC: 2025:KHC:44374 CRL.A No. 2025 of 2025 be rejected. Being aggrieved by this order, the appellant/accused has preferred this appeal. 3. The learned counsel appearing on behalf of the accused/appellant would submit that, the appellant has been falsely implicated by the complainant and other interested persons who have disposed towards the appellant. There is an abnormal delay in lodging the complaint. The entire case is based on circumstantial evidence. The appellant was implicated in this case only on the basis of voluntary statement and call details. There are no other incriminating circumstances in the said case. The appellant and the deceased were in illicit relationship for over a period of time and there is nothing unnatural that the appellant was in contact with the deceased. The lone circumstance, i.e., call details itself is not sufficient to prove the case based on circumstantial evidence. 4. The police have already submitted the charge sheet against the accused. Now the accused is in judicial custody. He is not required for further investigation. The - 4 - HC-KAR NC: 2025:KHC:44374 CRL.A No. 2025 of 2025 appellant/accused is ready to abide by the conditions which may be imposed by this Court and hence, sought for allowing this appeal. 5. As against this, learned High Court Government Pleader Sri.B.Lakshman submits that the prosecution has placed sufficient materials to show that the accused has committed the murder of the deceased with motive and intention. The trial Court has properly appreciated the materials on record in accordance with law and facts and there are no materials to interfere with the impugned order passed by the trial Court and sought for dismissal of this appeal. 6. I have examined the materials placed before this Court. On the basis of the complaint filed by one Gowramma, Holalkere Police have registered the case in Crime No. 113/2025 against unknown culprit. After the investigation, Investigating Officer has submitted the charge-sheet against the accused for the offence punishable under Section 103(1) of the Bharatiya Nyaya - 5 - HC-KAR NC: 2025:KHC:44374 CRL.A No. 2025 of 2025 Sanhita (BNS), 2023 and Section 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989. In Column No.17 of the charge sheet reads as under: "ºÉƼÀ¯ÉÌgÉ vÁ®ÆèPï PÉÆzÀUÀªÀ½î UÁæªÀÄzÀ zÉÆõÁgÉÆÃ¥ÀuÁ ¥ÀnÖ PÀæ.¸ÀA.12gÀ°è PÀAqÀ °AUÁ¬ÄvÀ d£ÁAUÀzÀ D¥Á¢vÀ£ÀÄ, £ÁAiÀÄPÀ ಜಾಂಗೆ ೇದ ಾ 01 ರವರ ಮಗಾದ ಮೃೆ .ಆಾ ರವೊಂೆ ಹಣದ ವವಾರ ಮತು! ಆಕ#ಮ ಸಂಬಂದ ೊಂದು&, ಮೃತ ಆಾ¼ÀÄ ಆ'ಾತ(ೆ ಈ *ಂ+ೆ 10.000/- ರೂ.ಗಳನು/ ೈಗಡ ೊಟ3 ಹಣವನು/ 4ಾಪಸು ೇ6ದ&ೆ ಅ'ಾತನು ಇವಳ9 ಬದು:ದ&ೆ ಾೆ ಪ+ೆ ಪ+ೆ ಹಣ ೇಳ9ಾ!ೆ ಾ;<ದೆ ಪ=ನಃ ಹಣ ೇಳ9ವ=ಲ@ ಅಂಾ ೊAೆ Bಾಡುವ ಉ+ೆ&ೕಶಂದ ಮೃತಳ9 ಾಯಕ ಜಾಂಗೆ ೇzÁÝ¼É CAvÁ ೊF!ದ&ರೂ ಸಹ ಾಂಕ:- 14.04.2025 ರಂದು ಾF# ಸು. 8.00 ಗಂGೆಯ°è ಆಾ ರವರನು/ ತನ/ ಊಾದ ೊಳAೆೆ vÁ®ÆèPï gÁಮಘಟ3 ಾ#ಮಂದ ಹಣವನು/ ೊಡುೆ!ೕೆ Jಾ ಎಂದು ೇ6 ಆ'ಾತನು JೈL ನಂ:- ೆಎ-16-EX-3124 ೇ Jೈ:ನ°è ಕೂ<ೊಂಡು ಆ+ೆ ನ ಾF# 8.00 ಗಂGೆ;ಂದ ಾF# 9.00 ಗಂGೆ ಮಧದN@ ೊಳAೆೆ vÁ®ÆèPï ೆಂಗುಂGೆ ಮತು! +ಾ<ಕGೆ3 ಾ#ಮಗಳ ಮಧದNರುವ (ಜOನ ಪ#+ೇಶ4ಾದ Pಾನು4ಾರು ೋBಾಳ Pಾಗೆ ಕೆದುೊಂಡು ೋQ ಆ'ಾತನು ಆಾಳನು/ ೊAೆ Bಾಡುವ ಉ+ೆ&ೕಶಂದ ಎರಡು ಕಲುಗ6ಂದ ಅವಳ ತAೆೆ ಬಲ4ಾQ ೊRೆದು ರಕ!ಾಯಪ< ೊAೆ Bಾರುಾ!ೆಂಾ ತ(Sೆ;ಂದ ೊರಪಟ3 ªÉÄÃgÉUÉ D¥Á¢vÀ£À «gÀÄzÀÝ PÀ®A 103(1) ©.J£ï.J¸ï 2023 ªÀÄvÀÄÛ PÀ®A 3(2)(v) ºÉƼÀ¯ÉÌgÉ J¸ï¹/J¸ïn PÁAiÉÄÝ 1989 jÃvÁå F zÉÆõÁgÉÆÃ¥ÀuÁ ¥ÀnÖ". - 6 - HC-KAR NC: 2025:KHC:44374 CRL.A No. 2025 of 2025 7. The entire case is based on circumstantial evidence. After arrest of the accused, police have interrogated the accused and recorded his voluntary statement. On the basis of voluntary statement Investigating Officer recovered the mobile and has also collected call details. The investigating Officer has recorded the further statement of the complainant Gowramma, recorded the statements of the witnesses Sharadamma W/o Nagaraju, Ajjayya S/o Late Manjappa, Rangamma W/o Manjappa, Nagaraj.B.M S/o Late Manjappa, Lohitappa @ M.G.Lohitkumar S/o Late Govindappa and Nayana.M W/o Santhosh K.S. 8. On perusal of these materials placed before this Court, I am of the opinion that that though the entire case is based on circumstantial evidence, it is not just and proper to release the accused on bail as the alleged offences are heinous in nature and punishable with death or imprisonment for life. At this stage, if the accused is - 7 - HC-KAR NC: 2025:KHC:44374 CRL.A No. 2025 of 2025 released on bail it will affect the society at large. Hence, I proceed to pass the following: ORDER Appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 43