- 1 - HC-KAR NC: 2025:KHC:28147 CRL.P No. 6727 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6727 OF 2025 BETWEEN: AMAR SINGH DHAMI S/O KARABIR DHAMI AGED ABOUT 27 YEARS R/A GPR, GRAND LAYOUT, DEVCHAND GHALLI, OLD CHANDAPUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT. PERMANENT ADDRESS MARMA BACHAKOT VILLAGE, DHARCHALLA DISTRCT, NEPAL …PETITIONER (BY Ms. LIKITHA M., ADV., FOR SRI. RAKSHITH R., ADVOCATE) AND: STATE OF KARNATAKA BY SURYANAGAR PS REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED BY 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.135/2023 OF SURYA NAGAR P.S FOR THE OFFENCES P/U/S 302 OF THE INDIAN PENAL CODE WHICH IS PENDING BEFORE THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, ANEKAL IN SC.NO.5056/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28147 CRL.P No. 6727 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.5056/2023 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.135/2023 registered by Suryanagar police station, Bengaluru, for the offence punishable under Section 302 of IPC, is before this Court in this successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent. 3. FIR in Crime No.135/2023 was registered by Suryanagar police, Bengaluru, for the aforesaid offence against the petitioner based on the first information dated 24.04.2023 received from Smt. Reema, who is the sister of the deceased- Nishu. During the course of the investigation, the petitioner was arrested on 26.04.2023 and subsequently remanded to judicial custody. After completing the investigation, charge- sheet has been filed against the petitioner for the aforesaid offence. His bail application filed before the Trial Court was - 3 - HC-KAR NC: 2025:KHC:28147 CRL.P No. 6727 of 2025 rejected and therefore, he had approached this Court in Crl.P.No.6104/2024, which was dismissed as withdrawn on 05.07.2024. Subsequently, the petitioner had filed fresh bail application before the Trial Court in S.C.No.5056/2023, which was rejected on 15.11.2024. Therefore, he is before this Court in this successive bail petition seeking regular bail. 4. A perusal of the material on record would go to show that petitioner's first wife had died and from the said wedlock, he has two children, aged about 8 years and 6 years respectively. It appears that the petitioner had married the deceased - Nishu about three months prior to the alleged date of incident. In the first information submitted by the sister of the deceased-Nishu, she has stated that on 24.04.2023 at about 12.15 p.m. she was informed by her friend Manoj that her sister had died and immediately thereafter she had gone to the house of Nishu and found the dead body of her sister Nishu. On enquiry, she was informed by the aunt of the petitioner that on the said day at about 4.00 a.m., she had seen the petitioner leaving the house hurriedly along with his children. It is under these circumstances, FIR was initially registered against the petitioner. - 4 - HC-KAR NC: 2025:KHC:28147 CRL.P No. 6727 of 2025 5. During the course of the investigation, the petitioner was arrested on 26.04.2023 and remanded to judicial custody. After completing the investigation, charge-sheet has been filed against the petitioner for the aforesaid offence. In the charge-sheet, it is alleged that the petitioner was suspecting the chastity of his wife Nishu and therefore, on 24.04.2023, after quarreling with her, he allegedly had strangulated her neck with the cable wire and had committed her murder. 6. The entire case of the prosecution is based on circumstantial evidence. The petitioner is in custody in the present case for the last nearly two years four months. Trial in the case is still at preliminary stage. The petitioner, who has no other criminal antecedents, is required to take care of his minor children. The allegations found in the charge-sheet are required to be proved against the petitioner. It is trite that the accused cannot be detained in custody as preventive or punitive measure. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. - 5 - HC-KAR NC: 2025:KHC:28147 CRL.P No. 6727 of 2025 7. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5056/2023 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.135/2023 registered by Suryanagar police station, Bengaluru, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 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; - 6 - HC-KAR NC: 2025:KHC:28147 CRL.P No. 6727 of 2025 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 PMR List No.: 1 Sl No.: 34