- 1 - HC-KAR NC: 2026:KHC:30361 CRL.P No. 5177 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5177 OF 2026 BETWEEN: SRI M. BASAVARAJ AGED 49 YEARS SON OF MARISWAMACHARY RESIDENT AT NO.775 2ND CROSS TILAK NAGAR, OPP SYNDICATE BANK SARJAPUR ROAD, ATTIBELE BENGALURU - 562 107. …PETITIONER (BY SRI PUNITH C, ADV., FOR SRI VINAY D, ADV.) AND: STATE OF KARNATAKA BY ATTIBELE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 80(2), 85 OF BHARATIYA NYAYA SANHITA (BNS). REGISTERED IN RESPONDENT POLICE STATION, IN CRIME NO.385/2025, AND NOW IN C.C.2027/2026 REGISTERED BY RESPONDENT POLICE STATION NOW PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC BENGALURU RURAL AT ANEKAL BY ALLOWING THIS BAIL PETITION. 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:30361 CRL.P No. 5177 of 2026 ORAL ORDER 1. Accused No.1 in S.C.No.50426 pending before the Court of II Addl. District and Sessions Judge, Bengaluru Rural District sitting at Anekal) arising out of Crime No.385/2025 registered by Attibele Police Station, Bengaluru District for the offences punishable under Sections 80(2) & 85 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.385/2025 was registered by Attibele Police Station, Bengaluru District initially for the offence punishable under Section 109(1) & 85 of BNS, 2023 against the petitioner herein and another on the basis of first information dated 23.11.2025 received from Smt. Vidya, who is deceased in the present case. During the course of investigation, the petitioner was arrested on 25.11.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. The bail application filed by the petitioner before the - 3 - HC-KAR NC: 2026:KHC:30361 CRL.P No. 5177 of 2026 jurisdictional Sessions court in Crl.Misc.No.5126/2026 was rejected on 10.03.2026. Therefore, he is before this Court. 4. FIR in crime No.385/2025 was registered by Attibele Police Station, Bengaluru District, initially for the offences punishable under Section 109(1) & 85 of BNS, 2023, allegedly based on the statement of Smt. Vidya, who is the deceased in the present case. It appears that subsequently on 24.11.2025, the first informant had died in the hospital while undergoing treatment. Thereafter, the petitioner herein was arrested on 25.11.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. 5. In the charge sheet it is alleged that the marriage of the petitioner with the deceased Smt. Vidya was solemnized on 18.05.2020. Thereafter, for a short period they lived happily as husband and wife. On 01.07.2021 she gave birth to a boy child and it appears that the doctor in St John's hospital diagnosed that Smt. Vidya was suffering from schizophrenia. The allegation in the charge sheet is that thereafter the petitioner was ill-treating his wife on the ground that she was - 4 - HC-KAR NC: 2026:KHC:30361 CRL.P No. 5177 of 2026 not good looking and she was always suffering from illness. Therefore, Smt.Vidya allegedly suffered mentally and on 14.07.2025, she had gone to Oxford Medical College, hospital for treatment and the doctor in the said hospital informed her there was a cyst in her right thigh and same requires to be operated. Thereafter, right thigh of Smt.Vidya was operated in the said hospital. Subsequently, she was admitted in Victoria hospital on 19.10.2025 and was undergoing treatment in the said hospital, till her death on 24.11.2025. 6. The allegation in the first information is that the petitioner had injected mercury poison to the right thigh of his wife on 26.02.2025 and as a result, she suffered pain in her right thigh. Though in the post-mortem report of deceased, it is mentioned that, mercury substance was found in the dead body of deceased, in the charge sheet, there in no such allegation that the petitioner had injected mercury poison to his wife as alleged in the first information. 7. The charge sheet would also go to show that mercury poison in the body of deceased was first diagnosed on 14.07.2025 in Oxford Medical College and thereafter deceased - 5 - HC-KAR NC: 2026:KHC:30361 CRL.P No. 5177 of 2026 was operated in the said hospital. Subsequently on 19.10.2025 she was admitted to Victoria hospital and died in the said hospital on 24.11.2025 while undergoing treatment. At no point of time from 14.07.2025 onwards Smt. Vidya had made any allegation that it was the petitioner, who had injected mercury poison to her right thigh. For the first time her statement was recorded in the hospital on 23.11.2025, which is a day prior to her death. 8. Though FIR has been registered in the present case based on the alleged statement made by the victim in the hospital, however presence of duty doctor or health condition of deceased Smt. Vidya, who died on the next date of recording such a statement, is not found in the records. 9. The petitioner, who is aged 49 years having no criminal antecedents is in custody from 25.11.2025. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 6 - HC-KAR NC: 2026:KHC:30361 CRL.P No. 5177 of 2026 10. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5042/2026 pending before the Court of II Addl. District and Sessions Judge, Bengaluru Rural District sitting at Anekal) arising out of Crime No.385/2025 registered by Attibele Police Station, Bengaluru District for the offences punishable under Sections 80(2) & 85 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; 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. - 7 - HC-KAR NC: 2026:KHC:30361 CRL.P No. 5177 of 2026 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 NMS List No.: 1 Sl No.: 54