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2026 DAILYLAW 19638 (KAR)

MR PUNITH D v. THE STATE OF KARNATAKA

CRL.P/1304/2026 · 2026-06-08

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27057 CRL.P No. 1304 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1304 OF 2026 BETWEEN: 1. MR PUNITH D S/O. DEVARAJU, AGED ABOUT 30 YEARS, R/AT. KAROTI VILLAGE, KASABA HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-577 133 (IN J.C.) … PETITIONER (BY SRI. CHANDRA SHEKARA H N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA KIKKERI POLICE STATION, MANDYA - 577 133. REPRESENTED BY HCK, BEGALURU-577133 … RESPONDENT (BY SRI. LAKSHMAN, HCGP) THIS CRL.P IS FILED U/S 483 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, PRAYED THAT THIS HON'BLE COURT BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.5071/2025 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE SITTING AT SRIRANGAPATNA MANDYA DISTRICT (IN CR. NO.99/2025) FILED BY Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27057 CRL.P No. 1304 of 2026 RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE U/S 103, 238 OF THE BHARATIYA NYAYA SANHITHA, 2023, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused in S.C.No.5071/2025 pending before the Court of III Additional District and Sessions Judge, Mandya, Sitting at Srirangapatna, arising out of Crime No.99/2025 registered by Kikkeri Police Station, Mandya, for the offences punishable under Sections 103, 238 of Bharatiya Nyaya Sanhitha, 2023 (hereinafter referred to as 'BNS, 2023' for short), is before this Court in this criminal petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent/State. 3. FIR in Crime No. 99/2025 was registered by Kikkeri Police Station, Mandya, for the aforesaid offences - 3 - HC-KAR NC: 2026:KHC:27057 CRL.P No. 1304 of 2026 against the petitioner herein based on the first information dated 24.06.2025 received from Sundresha husband of deceased Preethi. During the course of investigation, petitioner herein was arrested on 25.06.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in S.C.No.5071/2025 was rejected on 22.11.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that Preethi, who is the wife of first informant, had left her house on 22.06.2025 and had allegedly gone to meet her friends. However, on the said date she had not returned home and when the first informant tried to contact her mobile phone, a person who picked the call had informed the first informant that the lady who had taken a lift in his car had left behind the said mobile phone in his car. Thereafter, the first informant met the said person who informed the first informant that he was from - 4 - HC-KAR NC: 2026:KHC:27057 CRL.P No. 1304 of 2026 Channarayapattana and he had handed over the mobile phone of Preethi to the first informant. 5. On 23.06.2025 first informant had approached the jurisdictional police and submitted the first information, based on which a missing complaint was registered. Subsequently, he came to know that a dead body of a lady was found within the jurisdiction of Kikkeri Police Station. He went to the said spot and after identifying the dead body of his wife, he approached the police and submitted the first information, based on which FIR was registered against the petitioner in Crime No. 99/2025 on 24.06.2025. 6. During the course of investigation, petitioner was arrested on 25.06.2025 and was remanded for judicial custody. In the charge sheet which is subsequently filed, it is alleged that petitioner got acquainted with the deceased Preethi through Facebook. On 22.06.2025, she allegedly went along with the petitioner in his car bearing - 5 - HC-KAR NC: 2026:KHC:27057 CRL.P No. 1304 of 2026 registration No. KA-54-6495 and they checked into a lodge at KRS and had sexual intercourse. While returning from the said lodge, petitioner allegedly intended to have sexual intercourse with Preethi once again, but she had refused for the same for the reason that he had not paid her the money as promised. It is alleged that thereafter the petitioner and Preethi fought against each other and petitioner allegedly had assaulted Preethi with his hand on her face. When she fell down, he picked up a stone and assaulted her with the same and thereafter strangulated her neck with the veil (dupatta) which she was wearing. 7. The entire case of the prosecution is based on circumstantial evidence. It is not in dispute that petitioner has no other criminal antecedents. He is said to be a B.E. Graduate. Prosecution in all has cited 49 charge sheet witnesses in the present case and the trial in the case is yet to commence. - 6 - HC-KAR NC: 2026:KHC:27057 CRL.P No. 1304 of 2026 8. Under the circumstances, I am of the opinion that without expressing any opinion on the merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5071/2025 pending before the Court of III Additional District and Sessions Judge, Mandya, Sitting at Srirangapatna, arising out of Crime No.99/2025 registered by Kikkeri Police Station, Mandya, for the offences punishable under Sections 103, 238 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a 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; - 7 - HC-KAR NC: 2026:KHC:27057 CRL.P No. 1304 of 2026 b) The petitioner shall appear regularly on all the date 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; 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE VP