- 1 - HC-KAR NC: 2026:KHC:25379 CRL.P No. 15672 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15672 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: MR ERESHA @ ERAIAH G S/O GANGAYYA, AGED ABOUT 52 YEARS, R/AT NMDC VILLAGE, INDRANAGARA, KAIMARA POST, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU-577131 …PETITIONER (BY SRI. RENSPRE PRITHESH DSOUZA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH CHIKAMAGALURU RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU 560001. 2. MR. SHESHAYYA, S/O PUTTAYYA, AGED ABOUT 47 YEARS, R/AT KEREMAKKI VILLAGE, AVATHI HOBALI, CHIKAMAGALURU TALUK, CHIKKAMAGALURU, KARNATAKA -577101 …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1, R2 - SERVED & UNREPRESENTED) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25379 CRL.P No. 15672 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN S.C.NO.15/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 103 OF BHARATHIYA NAYYA SANHITHA, 2023 PENDING ON THE FILE OF THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE, CHIKAMAGALURU WHICH IS REGISTERED IN PURSUANCE OF CRIME NO.306/2024 OF CHIKAMAGALURU RURAL P.S, BY THE RESPONDENT POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.15/2025 pending before the Court of the II Additional District and Sessions Judge, Chikkamagaluru, arising out of Crime No.306/2024 registered by Chikkamagaluru Rural Police Station for offence punishable under Section 103 of Bharatiya Nyaya Sanhita, 2023 is before this Court in this regular bail petition filed under Section 483 of BNSS, 2023. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader on behalf of the respondent. - 3 - HC-KAR NC: 2026:KHC:25379 CRL.P No. 15672 of 2025 3. Respondent No.2 is served in the matter and has remained unrepresented before this Court. 4. FIR in the present case was registered against the petitioner for offence punishable under Section 103 of BNS, 2023 based on the First Information dated 10.10.2024 received from Sheshayya, who is the brother of deceased Lalitha, who was the wife of the petitioner herein. 5. During the course of investigation, the petitioner was arrested on 10.10.2024 and remanded to judicial custody. After completing investigation, charge sheet was filed against the petitioner for the aforesaid offence. His bail application filed before the Trial Court in S.C.No.15/2025 was rejected on 30.07.2025. It is under this circumstance, he is before this court. 6. Marriage of the petitioner with deceased, Lalitha, was performed about 20 years prior to the date of incident. Materials on record would go to show that the - 4 - HC-KAR NC: 2026:KHC:25379 CRL.P No. 15672 of 2025 said marriage was a love marriage. It appears that the couple had no issues from the wedlock. 7. In the first information as well as in the charge sheet, it is alleged that petitioner was in the habit of consuming alcohol and quarrelling with his wife. In the charge sheet, it is alleged that on 09.10.2024 at about 09.00 p.m., there was a quarrel between the petitioner and his wife Lalitha, after Lalitha allegedly had demanded money from the petitioner for household expenses. The petitioner, in a fit of rage, appears to have dashed the head of his wife, Lalitha, against a wall and after she fell down, he allegedly assaulted her with a plastic chair, and thereafter with a club. As a result of the assault made by the petitioner, Lalitha had succumbed to the injury sustained. The first informant, who is the brother of Lalitha, after coming to know of the alleged incident, had approached the police and a FIR was registered in Crime No.306/2024 against the petitioner for the offence punishable under Section 103 of BNS, 2023. - 5 - HC-KAR NC: 2026:KHC:25379 CRL.P No. 15672 of 2025 8. Investigation of the case is completed and charge sheet has been filed. Entire case of the prosecution is based on circumstantial evidence. Petitioner, who is an agricultural coolie, aged about 51 years, is in custody from 10.10.2024, till date trial has not been commenced. It is brought to the notice of this Court that the first informant (CW1) has expired. The police have totally cited 37 charge sheet witnesses in the present case and till date, not even a single witness has been examined in the present case. Under the circumstances, I am of the opinion that without expressing any opinion on the merit of the case, the prayer made by the petitioner for grant of regular bail is to be granted. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The petitioner is directed to be enlarged on bail in S.C.No.15/2025 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru arising out of Crime No.306/2024 of Chikkamagaluru Rural - 6 - HC-KAR NC: 2026:KHC:25379 CRL.P No. 15672 of 2025 Police Station registered for the offence punishable under Section 103 of BNSS, 2023 subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.50,000/- 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; Sd/- (S VISHWAJITH SHETTY) JUDGE BKM List No.: 1 Sl No.: 64