- 1 - HC-KAR NC: 2026:KHC:30568 CRL.P No. 5005 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5005 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: LAVANISH S/O RANJITH KUMAR AGED ABOUT 20 YEARS R/AT C/O ANJINAPPA HOUSE 10TH MAIN, NEAR APR KALYANA MANTAPA HONGASANDRA, BANGALORE -560068. …PETITIONER (BY SRI. KRISHNE GOWDA M., ADVOCATE) AND: STATE OF KARNATAKA STATE BY BOMMANAHALLI P S REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENT (BY SRI.RANGASWAMY R, HCGP.) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.328/2024 OF BOMMANAHALLI POLICE STATION, NOW IN S.C.NO.1614/2024 AND PENDING TRIAL BEFORE LXXI ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU FOR THE OFFENCE P/US/ 103,61(2),238(A),240,3(5) OF BNS 2023 IN THE INTEREST OF JUSTICE. 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:30568 CRL.P No. 5005 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in S.C.No.1614/2024 pending before the Court of the LXXI Additional City Civil and Sessions Judge, Bengaluru, (CCH-72), arising out of Crime No.328/2024 registered by the Bommanahalli Police Station, Bengaluru, for the offences punishable under Section 103, 61(2), 238(a), 240, 3(5) of the Bharatiya Nyaya Sanhita, 2023, is before this Court in the successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. 3. FIR in Crime No.328/2024 was registered by the Bommanahalli Police Station, Bengaluru, initially for the offences punishable under Section 103 of BNS, 2023 against unknown persons based on the first information dated 13.09.2024, received from Harish S.K., Police Officer attached to the Bommanahalli Police Station, - 3 - HC-KAR NC: 2026:KHC:30568 CRL.P No. 5005 of 2026 Bengaluru. In the said case, the petitioner was arrested on 13.09.2024 and remanded to judicial custody. Investigation of the case has been subsequently completed and charge sheet has been filed against two persons. The petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the Trial Court was rejected and thereafter, he approached this Court in Crl.P.No.13761/2024, which was dismissed as withdrawn on 19.12.2024 with liberty to file a fresh petition before the Sessions Court after charge sheet is filed. Subsequent to the filing of charge sheet, the petitioner had filed Crl.Misc.No.11448/2024 before the Trial Court, which came to be dismissed on 04.02.2025. Thereafter, the petitioner approached this Court in Crl.P.No.2412/2025, which was dismissed as not pressed on 07.04.2025 with liberty to the petitioner to file a fresh petition after examination of material charge sheet witnesses i.e., CW-5 and CW-6. It is under the circumstances, the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC:30568 CRL.P No. 5005 of 2026 4. Deceased Jayalaxmi is the mother and CW4 is the husband of accused No.1. The petitioner herein was staying in a rented premises belonging to deceased and allegation in the charge sheet is that accused No.1 had developed illicit relationship with accused No.2 and after coming to know about the same, deceased Jayalaxmi had asked accused No.2-petitioner to vacate the premises. It is under these circumstances, the accused Nos.1 and 2 allegedly developed vengeance against Jayalaxmi. In furtherance of their conspiracy, on 11.09.2024 at about 2.00 p.m. when the deceased was alone in her house, accused No.2 entered her house while accused No.1 kept a watch standing outside the house. Accused No.2 with the help of a pillow thereafter tried to smother Jayalaxmi to death and when she fell down from the sofa on which she was sleeping, accused No.1 entered the house and caught hold of Jayalaxmi's legs so as to enable accused No.2 to smother Jayalaxmi to death. It is also alleged that accused No.2 strangulated the neck of deceased with the help of a - 5 - HC-KAR NC: 2026:KHC:30568 CRL.P No. 5005 of 2026 towel and after committing her murder, went away from the spot. 5. Accused No.1 subsequently shifted the body of her mother to a hospital and gave a history in the hospital that her mother had a fall in their house and had sustained injuries. On the basis of the postmortem report which stated that death was due to asphyxia as a result of ligature strangulation, the Police Officer attached to Bommanahalli Police Station had registered FIR in Crime No.328/2024 against unknown persons and during the course of investigation, had arrested accused Nos.1 and 2 and remanded them to judicial custody. After completing investigation, charge sheet is now filed against accused Nos.1 and 2 for the aforesaid offences. 6. The entire case of the prosecution is based on circumstances. Prosecution till date has examined 6 charge sheet witnesses. Material charge sheet witnesses CW-5 and CW-6 are already examined in the present case. - 6 - HC-KAR NC: 2026:KHC:30568 CRL.P No. 5005 of 2026 7. According to the petitioner's counsel, the material charge sheet witnesses have turned hostile and therefore, they have been cross-examined by the prosecution. 8. Accused No.1 has been granted regular bail by this Court in Crl.P.No.15415/2025 on 25.04.2026. Out of the 38 charge sheet witnesses cited in the present case, till date, only 6 charge sheet witnesses are examined. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near future, is remote. The petitioner is said to be a person without any criminal antecedents. He is in custody in the present case from 13.09.2024 onwards. 9. 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: ORDER The petition is allowed. - 7 - HC-KAR NC: 2026:KHC:30568 CRL.P No. 5005 of 2026 The petitioner is directed to be enlarged on bail in S.C.No.1614/2024 pending before the Court of the LXXI Additional City Civil and Sessions Judge, Bengaluru, (CCH- 72), arising out of Crime No.328/2024 registered by the Bommanahalli Police Station, Bengaluru, for the offences punishable under Section 103, 61(2), 238(a), 240, 3(5) of the Bharatiya Nyaya Sanhita, 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 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; - 8 - HC-KAR NC: 2026:KHC:30568 CRL.P No. 5005 of 2026 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.: 64