- 1 - HC-KAR NC: 2026:KHC:30964 CRL.P No. 2170 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2170 OF 2026 BETWEEN: CHETHAN KUMAR T @ CHETHU MADAKARI @ CHIRU, S/O THIPPESWAMY, AGED ABOUT 19 YEARS, NOW R/O AGRICULTURIST, R/O HOSADYAMAVVANAHALLI VILLAGE, CHITRADURGA TQ AND DIST - 577 520, PERMANENT R/O BACHHABORANAHATTI VILLAGE, CHITRADURGA TQ AND DIST. - 577 517. …PETITIONER (BY SRI. SHARASS CHANDRA M, ADVOCATE) AND: STATE OF KARNATAKA BY CHITRADURGA RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.341/2025 OF RESPONDENT CHITRADURGA RURAL P.S., REGISTERED FOR OFFENCE P/U/S 103(1) AND 238 OF BNS AND ALSO C.C.NO.3039/2025 WHICH IS PENDING BEFORE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30964 CRL.P No. 2170 of 2026 HONBLE ADDL CIVIL JUDGE (Jr.Dn.) AND JMFC AT CHITRADURGA. 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.36/2026 pending before the Court of 1st Additional District and Sessions Judge, Chitradura, arising out of Crime No.341/2025 registered by Chitradurga Rural Police Station, for offences punishable under Sections 103(1) and 238 of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of Bharatiya Nagarak Suraksha Sanhita, 2023 (for short, 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.341/2025 was registered by Chitradurga Rural Police Station, initially against unknown persons for the aforesaid offences on the basis of the first information dated 19.08.2025 received from Ashok Kumar N., who had found the dead body of an unknown lady within the jurisdiction of Chitradurga Rural Police Station. - 3 - HC-KAR NC: 2026:KHC:30964 CRL.P No. 2170 of 2026 4. During the course of investigation, the petitioner herein was arrested on 21.08.2025 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against him. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Mis.No.1513/2025 arising out of Crime No.341/2025 was rejected on 30.01.2026. Thereafter, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the petitioner, aged 19 years, is a cancer patient and he is now taking treatment in Kidwai Hospital, Bengaluru. He further submits that the DNA test report, which is received after filing of the charge sheet, would reflect that the petitioner is not the biological father of the foetus and the petitioner has no criminal antecedents. Accordingly, prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner. - 4 - HC-KAR NC: 2026:KHC:30964 CRL.P No. 2170 of 2026 7. FIR in the present case was registered against unknown person after the dead body of a deceased female aged about 18 to 25 was found within the jurisdiction of the Chitradurga Rural Police Station by the first informant. During the course of investigation, the petitioner was arrested on 21.08.2025. In the charge sheet, which is filed subsequently, it is alleged that the petitioner and deceased Varshitha K.T., who was staying in a hostel and pursuing her studies, had consensual sex and after coming to know that the petitioner was a cancer patient, Varshitha K.T. allegedly distanced herself from him. Subsequently, she was found to be pregnant and thereafter, Varshitha K.T. and her aunt had pressurized the petitioner to marry Varshitha K.T. It is under these circumstances, the petitioner allegedly decided to eliminate Varshitha K.T. On 18.08.2025, the petitioner took her along with him near Gonuru Bridge within the limits of Chitradurga Rural Police Station, quarrelled with her and had assaulted her. After she fell down, he allegedly strangulated her and committed her murder. Subsequently, he had poured petrol on her body and lit fire. - 5 - HC-KAR NC: 2026:KHC:30964 CRL.P No. 2170 of 2026 8. The entire case of the prosecution is based on circumstantial evidence. According to the prosecution, since Varshitha K.T. was pregnant because of her relationship with the petitioner, and since she was pressuring him to marry her, he allegedly decided to commit her murder. The DNA test report, which is now available, would go to show that the petitioner is not the biological father of the foetus of deceased Varshitha K.T., which was sent to the Forensic Science Laboratory for the purpose of the DNA test. The material on record would go to show that the petitioner, aged 19 years, is a cancer patient and is undergoing treatment in Kidwai Hospital, Bangalore. Undisputedly, he has no other antecedents. 9. Under the circumstances, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.341/2025 registered by Chitradurga Rural Police Station, for offences punishable under Sections 103(1) and 238 fo BNS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:30964 CRL.P No. 2170 of 2026 a) The 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; 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 HDK List No.: 1 Sl No.: 45