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2026 DAILYLAW 22238 (KAR)

N MAHESH v. STATE BY EAST POLICE STATION

CRL.P/6139/2026 · 2026-06-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30404 CRL.P No. 6139 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6139 OF 2026 BETWEEN: N. MAHESH S/O LATE R NAGARAJU AGED ABOUT 41 YEARS R/AT FORM HOUSE DOLLIPURA VILLAGE CHAMARAJANAGARA TALUK AND DISTRICT. …PETITIONER (BY SRI N. RAVINDRANATH KAMATH, LEARNED SENIOR COUNSEL FOR SRI PRASANNA KUMAR B, ADV.) AND: STATE BY EAST POLICE STATION CHAMARAJANAGARA EAST P.S. REPRESENTED BY HIGH COURT STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CR.NO.129/2025 (SC.NO.77/2025) REGISTERED BY GUNDLUPET EAST P.S., FOR THE OFFENCES P/U/S 103(1),85 R/W 3(5) OF BNS, BY CHAMAJANAGARA EAST P.S., PENDING BEFORE THE ADDL DISTRICT AND SESSIONS JUDGE, AT CHAMRAJANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30404 CRL.P No. 6139 of 2026 ORAL ORDER 1. Accused No.1 in SC No.77/2025 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Chamarajanagara, arising out of Crime No.129/2025 registered by Chamarajanagar East Police Station, Chamarajanagar, for the offences punishable under Sections 103 read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.129/2025 was registered by Chamarajanagar East Police Station, Chamarajanagar, for the aforesaid offences against the petitioner and his mother based on the first information dated 30.06.2025 received from Shruthi, sister of deceased Shubha. In the said case, petitioner herein was arrested on 01.07.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the - 3 - HC-KAR NC: 2026:KHC:30404 CRL.P No. 6139 of 2026 Trial Court in SC No.77/2025 was rejected on 27.02.2026. Therefore, he is before this Court. 4. Deceased Shubha was the wife of the petitioner herein. From the wedlock, they have a son, aged about 15 years and it appears that as on the date of alleged incident, Shubha was pregnant. In the first information, it is alleged that petitioner was ill-treating his wife and she had informed this to her family members. On 30.06.2025, first informant was informed by her relatives that petitioner had assaulted his wife and committed her murder. It is in this background, FIR was registered against the petitioner and his mother in Crime No.129/2025. In the charge sheet which is now filed, it is alleged that petitioner was facing serious financial problem and therefore, he was ill- treating his wife in his house and asking her to bring money from her parents house. Subsequently, he also started suspecting the character of his wife Shubha and he stopped sending her outside. When the matter stood thus, Shubha was found to be pregnant and after the petitioner came to know about the same, he started suspecting his wife and he also asked her to terminate her pregnancy. Since Shubha did not - 4 - HC-KAR NC: 2026:KHC:30404 CRL.P No. 6139 of 2026 agree for the same, petitioner decided to eliminate her and he had forced her to write a letter in her own handwriting stating that she had life threat. 5. On 30.06.2025 at about 04.00 a.m., Shubha went to the toilet which was situated outside the house. Petitioner, who followed her assaulted her with iron rod on her head and other parts of the body and committed her murder. Subsequently, he and his mother informed the relatives of the deceased, that some unknown person had assaulted Shubha and committed her murder. The dead body of the deceased was recovered just outside the house of the petitioner. Post-mortem report would reveal that the body had 11 injuries and even the hyoid bone and thyroid cartilage of deceased on both sides were fractured. The injuries suggest that Shubha had not died immediately after she was assaulted. Therefore, definitely she would have raised a cry. Petitioner and his mother were very much in the house and they have not explained how the incident has taken place. The weapon used to commit the murder has been seized at the instance of the petitioner. The jewellery that the deceased was wearing was found on her body. Therefore, it - 5 - HC-KAR NC: 2026:KHC:30404 CRL.P No. 6139 of 2026 was not a case of murder for gain. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail cannot be entertained at this stage. Accordingly, the petition is dismissed with liberty to the petitioner to renew his bail application before the Trial Court after material charge sheet witnesses are examined before the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 82