- 1 - HC-KAR NC: 2026:KHC:31758 CRL.P No. 7017 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7017 OF 2026 BETWEEN: SRI. NISHANTH, S/O MURUGESH, AGE ABOUIT 25 YEARS, R/A AT MALLANAYAKANA KATTE VILLAGE, DUDDA HOBLI, MANDYA DISTRICT - 571 405. …PETITIONER (BY SRI. KRISHNA B.J., ADVOCATE) AND: STATE OF KARNATAKA, BY SARASWATHIPURAM POLICE STATION, VIJAYANAGAR SUB - DIVISION, SARASWATHIPURAM, MYSURU - 570 009. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. S.P.P.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31758 CRL.P No. 7017 of 2026 THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO PETITIONER/ACCUSED IN SC NO.70/2026 IN CRIME NO.125/2025 FOR THE OFFENCES P/U/S 115(2), 126(2), 103(1), 109, 74 OF BNS 2023 WHICH IS PENDING ON THE FILE OF IV ADDL.DISTRICT AND SESSIONS JUDGE MYSURU AND CHARGE SHEETS FILED BY THE SARASWATHIPURAM POLICE MYSORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.70 of 2026 pending before the Court of IV Additional District and Sessions Judge, Mysuru arising out of Crime No.125 of 2025 registered by Saraswathipuram Police Station Mysuru for offences punishable under Sections 115(2), 126(2), 103(1), 109 and 74 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 appearing for the parties. - 3 - HC-KAR NC: 2026:KHC:31758 CRL.P No. 7017 of 2026 3. FIR in Crime No.125 of 2025 was registered by Saraswathipuram Police Station, Mysuru, initially for offences punishable under Section 115(2) and 126(2) of BNS 2023 against the petitioner herein, based on the first information dated 13.12.2025, received from one Smt.Nagamma, mother of Ms.Sowmya, who is the deceased in the present case. In the said case, petitioner herein was arrested on 15.12.2025 and remanded to judicial custody. It appears that injured Sowmya who was undergoing treatment in the hospital, subsequently died in the hospital on 19.12.2025 and thereafter, offence punishable under Section 103(1) of BNS 2023 was invoked against the petitioner and charge-sheet is now filed as against him for the aforesaid offences. His bail application filed before the Trial Court in S.C.No.70 of 2026 was rejected by the Trial Court on 08.04.2026. Therefore, he is before this Court. - 4 - HC-KAR NC: 2026:KHC:31758 CRL.P No. 7017 of 2026 4. Perusal of the material on record would go to show that deceased Sowmya had deserted her husband and had taken shelter in the house of the first informant, who is her mother. On 13.12.2025, at about 12 in the noon, Sowmya had left her house and had gone to the nearby park. Subsequently, first informant was informed that somebody had assaulted Sowmya inside the park and since she had sustained injuries, she was shifted to hospital. Since the first informant suspected the hand of the petitioner, FIR was registered against him in Crime No.125 of 2025, initially for offences punishable under Section 115(2) and 126(2) of BNS 2023. After Sowmya had died in the hospital on 19.12.2025, offence punishable under Section 103(1) of BNS 2023 has been invoked in the present case. 5. As per the charge-sheet allegations, after Sowmya had deserted her husband, she had developed relationship with the petitioner, who was the friend of her husband. On the alleged date of incident, since Sowmya - 5 - HC-KAR NC: 2026:KHC:31758 CRL.P No. 7017 of 2026 was found talking to somebody over mobile phone. petitioner suspected her and thereafter, quarreled with her and assaulted her with his hands and legs. When she fell down, he allegedly kicked her and also dashed her head against a concrete bench. Injured Sowmya, who was taken to hospital, had never gained consciousness, till she breathed her last, on 19.12.2025. So far as the alleged eye-witnesses are concerned, the petitioner was a stranger and undisputedly the police have not conducted test identification period in the present case. Petitioner, aged 25 years, having no criminal antecedent is in custody for four years. Investigation is now completed. Under the circumstances, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.125 of 2025 of Saraswathipuram Police Station, Mysuru registered for the offences punishable under Sections 115(2), 126(2), - 6 - HC-KAR NC: 2026:KHC:31758 CRL.P No. 7017 of 2026 103(1), 109, 74 of BNS 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum, 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE DH List No.: 1 Sl No.: 49