- 1 - HC-KAR NC: 2026:KHC:32314 CRL.P No. 5226 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5226 OF 2026 BETWEEN: UMESH S/O KULLAPPA AGED ABOUT 35 YEARS R/AT NO.S.N.TRAVELS K.R.MARKET KALASIPALYA BENGALURU CITY …PETITIONER (BY SRI.RANGANATHA T.R, ADVOCATE) AND: THE STATE OF KARNATAKA BOMMANAHALLI POLICE STATION STATE PUBLIC PROSECUTOR OFF/AT HIGH COURT COMPLEX BENGALURU - 560001 …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/SEC.439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF THE CODE OF BNSS, 2023. SC.NO.508/2025 (CRIME NO.378/2024) Digitally signed by NAGARAJA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32314 CRL.P No. 5226 of 2026 REGISTERED AT BOMMANAHALLI POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION THE BHARATIYA NYAYA SANHITA (BNS), 2023 U/S 103(1), 61(2), 49, 3(5), PENDING BEFORE THE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH-46) AND ETC. 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 No.1 in S.C.No.508/2025 pending before the XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46) arising out of Crime No.378/2024 registered by the Bommanahalli Police Station for the offences punishable under Sections 103(1), 61(2), 49 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court in this petition filed under Section 483 of BNNS, 2023 seeking regular bail. 2. Heard the Learned counsel for the parties. 3. FIR in Crime No.378/2024 was initially registered by Bommanahalli Police Station, Bengaluru City for the - 3 - HC-KAR NC: 2026:KHC:32314 CRL.P No. 5226 of 2026 offence punishable under Section 103(1) of the BNS, 2023 against the petitioner herein based on the first information dated 09.11.2024 received from Suresh M s/o Muddegowda. During the course of investigation, the petitioner was arrested on 12.11.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. The petitioner is arrayed as accused No.1 in the charge sheet and first informant is arrayed as accused No.2. The bail application filed by the petitioner before the trial Court in Crl.Misc.No.1678/2026 was rejected on 25.03.2026. Therefore, he is before this Court. 4. FIR in the present case was registered against the petitioner for the offence punishable under Section 103(1) of the BNS, 2023 based on the first information submitted by Suresh M. In the first information, he has stated that C.W.1 - Prabhakar had informed him that he had seen the petitioner in the house of Smt.Jayamma, who is the deceased in the present case, who was fighting with her. - 4 - HC-KAR NC: 2026:KHC:32314 CRL.P No. 5226 of 2026 Subsequently, on the same day, he had gone to meet Smt.Jayamma, who had asked him to bring some vegetables. Since Smt.Jayamma had not opened the door, he allegedly opened the door after taking the key from the owner of the house and when he went inside the house, he found Smt.Jayamma was lying down near the bathroom. This was informed by CW1 - Prabhakar to the first informant, who had subsequently approached the police and based on his first information, FIR was registered against the petitioner on suspicion. During the course of investigation, the petitioner as well as the first informant were arrested and after completing investigation, charge sheet is filed against them for the aforesaid offence. 5. As per the charge sheet allegations, the petitioner as well as accused No.2, who is a distant relative of the deceased Smt.Jayamma, had some ill will against her with regard to some property dispute. It is, in this background, accused No.2, who allegedly had instigated accused No.1 to commit the murder of Smt.Jayamma, had promised to - 5 - HC-KAR NC: 2026:KHC:32314 CRL.P No. 5226 of 2026 pay a sum of ₹5,00,000/- to him, out of which, he had paid a sum of ₹50,000/- as advance amount. It is further alleged that on 08.11.2024, the petitioner allegedly had gone to his mother - Smt.Jayamma's house and had quarreled with her. As per the prosecution case, when the petitioner was assaulting Smt.Jayamma inside the house, CW1 - Prabhakar came there and he allegedly had witnessed the petitioner strangulating Smt.Jayamma to death. 6. As per the charge sheet allegations, the petitioner had criminally intimidated CW1 and thereafter taken a drop in his motorbike. Subsequently, CW1 had returned to the house of Smt.Jayamma and after obtaining the key from the owner of the house, he had opened the door and had found the dead body of Smt.Jayamma inside the house. According to the prosecution, C.W.1 thereafter informed accused No.2 about the same and he also had contacted the police control room. According to the prosecution, CW1 is the alleged eyewitness to the incident - 6 - HC-KAR NC: 2026:KHC:32314 CRL.P No. 5226 of 2026 in question. However, C.W.1 had not disclosed that he had witnessed the petitioner committing the murder of Smt.Jayamma either to the first informant, C.W.2 or to the police to whom he had telephoned after the dead body of Smt.Jayamma was found inside the house. 7. The petitioner is in custody in the present case from 12.11.2024 onwards. As on this date, even charges have not yet been framed by the trial Court in S.C.No.508/2025. Accused No.2 was enlarged on bail by the jurisdictional Sessions Court in Crl.Misc. No.10617/2024 disposed of on 10.12.2024. It is not in dispute that the petitioner has no criminal antecedents. Under these circumstances, the following; ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Spl. Case No.508/2025 pending before the XLV Additional City Civil and Sessions Judge, Bengaluru City - 7 - HC-KAR NC: 2026:KHC:32314 CRL.P No. 5226 of 2026 (CCH-46) arising out of Crime No.378/2024 registered by Bommanahalli Police Station for the offences punishable under Sections 103(1), 61(2), 49 and 3(5) of the Bharatiya Nyaya Sanhita (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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission - 8 - HC-KAR NC: 2026:KHC:32314 CRL.P No. 5226 of 2026 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 41