- 1 - HC-KAR NC: 2026:KHC:28808 CRL.P No. 4445 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4445 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: KIRAN. S S/O SHIVALINGA AGED ABOUT 25 YEARS R/AT VOLAGERE VILLAGE KASABA HOBLI, NANJANAGUDU TALUK MYSURU DISTRICT.- 573 315. …PETITIONER (BY SRI. PRABHAKARA.,ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY THE NANJANGUDU RURAL POLICE STATION NANJANGUDU REP. BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU CITY -560001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP.) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C. (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN THE CASE IN S.C NO 01/2026 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238 OF BNS 2023 PENDING ON THE FILE OF THE HON’BLE III ADDL DISTRICT AND SESSIONS JUDGE AT MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28808 CRL.P No. 4445 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.1/2026 pending before the Court of III Addl. District and Sessions Judge, Mysuru, arising out of Crime No.209/2025 registered by the Nanjanagudu Rural Police Station for the offences punishable under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita (BNS), 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 appearing for the petitioner and learned Addl. SPP appearing for the respondent-State. 3. FIR in Crime No.208/2025 was initially registered by the Nanjanagudu Rural Police Station based on a missing complaint dated 18.09.2025 received from Jayamma, who - 3 - HC-KAR NC: 2026:KHC:28808 CRL.P No. 4445 of 2026 is the mother of the deceased Shivakumari. During the course of investigation of the said missing complaint, the petitioner was arrested on 19.09.2025 and subsequently was remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offence. The bail petition of the petitioner filed before the jurisdictional Sessions Court in Crl.Misc.No.82/2026 was rejected on 06.02.2026. Therefore, he is before this Court. 4. The material on record would go to show that deceased Shivakumari, daughter of the first informant, was found missing from 16.09.2025 onwards. On 18.09.2025, the first informant, who is the mother of Shivakumari approached the Nanjanagudu Rural Police Station, Mysuru, and lodged a missing complaint, based on which, FIR in Crime No.208/2025 was initially registered against unknown persons. During the course of investigation, petitioner herein was arrested on - 4 - HC-KAR NC: 2026:KHC:28808 CRL.P No. 4445 of 2026 19.09.2025. After completing investigation, charge sheet has been filed against him. 5. In the charge sheet, it is alleged that the petitioner is a married man and he had subsequently developed intimacy with Shivakumari. About three months prior to the alleged date of the incident, petitioner had taken his wife, who was pregnant, for a medical check-up. Shivakumari, who came to know about the same, had quarreled with the petitioner and also informed that she and her son would come to their house and stay with them. The petitioner, therefore, decided to eliminate Shivakumari. Accordingly, on 16.09.2025, he allegedly took her on his motorbike bearing No.KA-09-HT-3362 at about 05.30 p.m. and assaulted her on her cheek and when she fell down, he allegedly strangulated her neck with her veil and thereafter, assaulted her with a stone on her face, committed her murder and disposed of her dead body in a canal. - 5 - HC-KAR NC: 2026:KHC:28808 CRL.P No. 4445 of 2026 6. The entire case of the prosecution is based on circumstantial evidence. The material on record would go to show that Shivakumari was earlier married to one Ramesh and from the said wedlock, one male child was born. Subsequently, Ramesh died and thereafter, Shivakumari married CW-21-Manju, who is the younger brother of the aforesaid Ramesh. CW-21 and Shivakumari lived as husband and wife for a short time and thereafter, she had left him and was staying alone. According to the prosecution, she subsequently developed intimacy with the petitioner. 7. It is not in dispute that the petitioner has no other criminal antecedents. Investigation of the case is now completed and charge sheet has been filed. The allegations in the charge sheet are required to be proved in a full fledged trial. Except the last seen circumstances, there is no other very strong material to connect the petitioner to the crime, at this stage. - 6 - HC-KAR NC: 2026:KHC:28808 CRL.P No. 4445 of 2026 8. Under the circumstances, I am of the opinion that the 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.1/2026 pending on the file of III Addl. District and Sessions Judge Mysuru, arising out of Crime No.209/2025 registered by the Nanjanagudu Rural Police Station for the offences punishable under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 - 7 - HC-KAR NC: 2026:KHC:28808 CRL.P No. 4445 of 2026 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 78