- 1 - HC-KAR NC: 2026:KHC:33964 CRL.P No. 5604 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5604 OF 2026 BETWEEN: 1. MR BHEEMARAJU SON OF NAGARAJAPPA @NAGARAJU AGED ABOUT 35 YEARS R/AT KENGALAPALYA KOLALA HOBLI KORATAGERE TALUK TUMKUR DISTRICT - 572 140 …PETITIONER (BY SRI: RAJANNA B C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KOLALA POLICE STATION TUMKUR DISTRICT - 572 140 REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT, COURT COMPLEX BENGALURU-560 001 …RESPONDENT (BY SMT: RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) BY THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.75/2025 SC NO.5062/2025 OF KOLALA POLICE STATION TUMKUR DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 103(1), 109 OF BNS 2023 WHICH IS PENDING ON THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33964 CRL.P No. 5604 of 2026 FILE OF THE HONBLE IV ADDL.DISTRICT AND SESSIONS COURT, MADHUGIRI TUMAKURU IN THE ABOVE CASE. THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.5062/2025 pending before the Court of IV Additional District and Sessions Judge, Madhugiri, Taluk, Tumakuru, arising out of Crime No. 75/2025 registered by the , Kolala Police Station, Koratagere Circle, Tumakuru, for offences punishable under Section 115(2),103(1) 109 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 petitioner and learned Adl.S.P.P. appearing for the respondent- State and perused the material placed on record. 3. The FIR in Crime No. 75/2025 was registered by Kolala Police Station, Tumakuru for the aforesaid offences against the petitioner herein, based on the first information dated 15.06.2025, received from Hanumesh, son of deceased - 3 - HC-KAR NC: 2026:KHC:33964 CRL.P No. 5604 of 2026 Smt. Ashwathamma. In the said case petitioner herein was arrested on 16.06.2025 and remanded to judicial custody. After completing investigation charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in Crl.Misc.No.5040/2026 was rejected on 02.03.2026, Therefore he is before this Court. 4. Perusal of the first information as well as the charge sheet which is now filed as against the accused would reveal that on 15.06.2025 at about 04.30 p.m. when Gokul Yadav, aged about 12 years, who is the son of the first informant and grandson of the deceased, was playing, the petitioner allegedly tried to catch hold of him and when Gokul Yadav escaped, petitioner allegedly chased him. Smt. Ashwathamma, who came out of the house after hearing Gokul Yadav shouting, allegedly questioned the petitioner why he was chasing Gokul Yadav. The petitioner, thereafter allegedly assaulted Smt. Ashwathamma with a wooden club which was lying nearby and as a result she suffered grievous injuries and subsequently succumbed to the same in the hospital on the - 4 - HC-KAR NC: 2026:KHC:33964 CRL.P No. 5604 of 2026 same day. It is under these circumstances, FIR was registered against the petitioner. 5. Perusal of the charge sheet material would go to show that there was no ill will or vengeance for the petitioner against the deceased or her family members. None of the witnesses including the first informant have stated anything about the motive for the petitioner to commit the murder of the deceased. It appears that the incident in question had taken place in a spur of moment and the petitioner had assaulted Smt. Ashwathamma with a wooden club that was lying nearby. 6. In the first information as well as in the charge sheet, it is stated that petitioner had assaulted Smt.Ashwathamma with wooden club on her left shoulder, waist and head. Post mortem report of the deceased would go to show that she had sustained external injuries only on her head. Petitioner is an agriculturalist. He has no other criminal antecedent and is said to be a married man. He is required to take care of his family. The case before the Trial court is still at the stage of framing charges and therefore the chances of trial - 5 - HC-KAR NC: 2026:KHC:33964 CRL.P No. 5604 of 2026 being completed and case being disposed in the near soon is very remote. 7. Learned Additional State Public Prosecutor while opposing the bail application has submitted that petitioner hails from the very same village and in the event he is enlarged on bail he may tamper with the material charge sheet witnesses including the alleged eye witnesses. Such an apprehension can be taken care of by imposing appropriate conditions on the petitioner while granting him regular bail. 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. Accordingly, the following:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.75/2025 registered by Kolala Police Station, Koratagere, Tumakuru for the offences punishable under Sections 115(2),103(1) 109 of BNS 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2026:KHC:33964 CRL.P No. 5604 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 involve in similar offences in future; d) 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. e) Petitioner shall not enter Kengalapalya Village, Kolala Hobli, Koratagere Taluk, Tumakuru District, nor shall make any attempt to tamper with the charge sheet witnesses either directly or indirectly during the pendency of the aforesaid criminal case against him. Sd/- (S VISHWAJITH SHETTY) JUDGE HR List No.: 1 Sl No.: 58