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2026 DAILYLAW 25664 (KAR)

SAMEER KUMAR v. STATE OF KARNATAKA

CRL.P/4465/2026 · 2026-07-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32861 CRL.P No. 4465 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4465 OF 2026 BETWEEN: SAMEER KUMAR S/O ADITYA NARAYAN SINGH, AGED ABOUT 24 YEARS, R/AT C/O DEEPAK SHREE BUILDING, NEAR MORE SUPER MARKET, MARUTHINAGAR MAIN ROAD, MADIVALA, BANGALORE - 560 068 PERMANENT R/OFF ATHARI VILLAGE AND POST, RUNNI SAIDPUR, SITAMARHI, BITHAR - 843 311. …PETITIONER (BY SRI. KRISHNEGOWDA M, ADVOCATE FOR SMT. SHIVAMMA D, ADVOCATE) AND: STATE OF KARNATAKA STATE BY MADIVALA PS. RPTD. BYSTATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32861 CRL.P No. 4465 of 2026 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.152/2022 OF MADIVALA P.S., NOW IN S.C.NO.2113/2022 FOR THE OFFENCE P/US/ 34, 120-B, 201, 302 OF IPC AND ON THE FILE OF THE XLV ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. 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.2 in SC No.2113/2022 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.152/2022 registered by Madivala Police Station, Bengaluru City for the offences punishable under Section 302, 201, 120B read with Section 34 of IPC, is before this Court, in this successive bail application filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.152/2022 was registered by Madivala Police Station, Bengaluru City for the aforesaid - 3 - HC-KAR NC: 2026:KHC:32861 CRL.P No. 4465 of 2026 offences against Pruthviraj and the petitioner herein, based on the first information dated 11.08.2022 received from Sri.Kumar Mookanavar, Police Officer, who is attached to Madivala Police Station. In the said case, the petitioner herein was arrested on 18.08.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. Petitioner is arraigned as accused No.2 in the charge sheet and accused No.1 is the husband of deceased Jyothi Kumari in the charge sheet. Bail application filed by the petitioner before the trial Court was rejected and therefore he had approached this Court in Crl.P.No.3618/2023, which was dismissed on 22.08.2023. Thereafter, he had filed a fresh petition before this Court in Crl.P.No.11023/2025, which was dismissed as withdrawn on 02.12.2025 with liberty to file a fresh petition if there is no progress in the trial of the case. It is under these circumstances, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the entire case of the prosecution is based on circumstantial evidence. The petitioner has no criminal antecedent and is in custody for the last nearly 4 years. Out of 50 charge sheet witnesses cited in the present case, as on this day only 7 - 4 - HC-KAR NC: 2026:KHC:32861 CRL.P No. 4465 of 2026 charge sheet witnesses have been examined as PW.1 to PW.7. Accordingly, prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the bail application however, does not dispute the submissions made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that on 05.08.2022, accused No.1 had approached the police and submitted a missing complaint stating that his wife Jyothi Kumari was missing. Therefore, FIR in Crime No.147/2022 was registered and during the course of investigation, accused No.1 had confessed that he had committed the murder of his wife. It is under the said circumstances, the complainant - Sub- Inspector of Police, Madivala Police Station had lodged the first information on 11.08.2022, which had resulted in registering FIR in Crime No.152/2022 for the aforesaid offences against the husband of Jyothi Kumari and the petitioner herein. In the said case, the petitioner was arrested on 18.08.2022 and remanded to judicial custody. - 5 - HC-KAR NC: 2026:KHC:32861 CRL.P No. 4465 of 2026 7. As per the charge sheet allegations, the relationship between the accused No.1 and his wife Jyothi Kumari was not cordial and therefore, he intended to contract a second marriage. It is in this background, he had decided to eliminate his wife - Jyothi Kumari and allegedly had conspired with the petitioner who is his friend. On 01.08.2022, the accused persons booked a Zoom car and took Jyothi Kumari along with them to Malpe in Udupi District and from there they went to Murudeshwara. On their way back to Bangalore, they allegedly stopped the car near Shiradi Ghat and committed murder of Jyothi Kumari inside the car by strangulating her and thereafter disposed of the dead body in Shiradi Ghat. Allegation of strangulating deceased-Jyothi Kumari inside the car is as against accused No.1 and it is alleged that the petitioner was standing outside the car and keeping a watch. Dead body was subsequently recovered at the instance of accused person. 8. It is not in dispute that the petitioner has no other criminal antecedents. He is in custody for the last nearly 4 years. As on this date 7 charge sheet witnesses have been examined as PW.1 to PW.7. It appears that all the material charge sheet witnesses have already been examined. - 6 - HC-KAR NC: 2026:KHC:32861 CRL.P No. 4465 of 2026 Therefore, at this stage there cannot be any apprehension that the petitioner may tamper with the said witnesses. 9. Considering the aforesaid aspects of the matter and also taking into consideration of the period of petitioner's incarceration, his prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R The criminal petition is allowed. The petitioner is directed to be enlarged on bail in SC No.2113/2022 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.152/2022 registered by Madivala Police Station, Bengaluru City for the offences punishable under Section 302, 201, 120-B read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2026:KHC:32861 CRL.P No. 4465 of 2026 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 AMM List No.: 1 Sl No.: 37