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High Court of Karnataka · body

2026 DAILYLAW 27018 (KAR)

RADHAMMA v. STATE BY

CRL.P/5845/2026 · 2026-07-07

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33960 CRL.P No. 5845 of 2026 C/W CRL.P No. 5837 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. 5845 OF 2026 C/W CRIMINAL PETITION NO. 5837 OF 2026 IN CRL.P No. 5845/2026 BETWEEN: 1. RADHAMMA W/O LATE. NARASIMHAPPA AGED ABOUT 50 YEARS R/AT KUNDANA VILLAGE AND HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI: KODANDARAME GOWDA V.,ADVOCATE) AND: 1. STATE BY VISHWANATHAPURA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-01 …RESPONDENT (BY SMT: RASHMI JADHAV, ADDL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) BY THE PETITIONER PRAYING TO Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33960 CRL.P No. 5845 of 2026 C/W CRL.P No. 5837 of 2026 GRANT BAIL IN CR.NO.39/2026 REGISTERED BY VISHWANATHAPURA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTGIONS 103(1), 115(2), 118(1), 74, 352, 351(3), 3(5) OF BNS, 2023, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC, AT DEVANAHALLI, BENGALURU RURAL DISTRICT, BENGALURU. IN CRL.P NO. 5837/2026 BETWEEN: 1. GANESH @ NARASIMHAMURTHY (ADI DRAVIDA) S/O LATE CHIKKONAPPA AGED ABOUT 54 YEARS RESIDING AT KUNDANA VILLAGE AND HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. ...PETITIONER (BY SRI: KODANDARAME GOWDA V.,ADVOCATE) AND: 1. STATE BY VISHWANATHAPURA POLICE STATION REP BY PUBLIC PROSECUTOR DEVANAHALLI COURT COMPLEX DEVANAHALLI ...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 GRANT BAIL IN CRIME NO.39/2026 OF VISHANATHAPURA POLICE STATION, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 115(2), 118(1), 74, 352, 351(3) AND 3(5) OF BNS 2023 - 3 - HC-KAR NC: 2026:KHC:33960 CRL.P No. 5845 of 2026 C/W CRL.P No. 5837 of 2026 PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC AT DEVANAHALLI BENGALURU RURAL DISTRICT, BENGALURU. THESE CRL.PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL COMMON ORDER Accused Nos. 2 and 3 in Crime No. 39/2026 registered by Viswanathapura Police Station, Bangalore Rural District for offences punishable under Sections 103(1), 115(2), 118(1), 74, 352, 351(3), 3(5) of BNS 2023 are before this Court, in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel appearing for the petitioners and learned Additional State Public Prosecutor appearing for the respondent-State and perused the material placed on record. 3. FIR in Crime No.39/2026 was registered by Viswanathapura Police Station for the aforesaid offences - 4 - HC-KAR NC: 2026:KHC:33960 CRL.P No. 5845 of 2026 C/W CRL.P No. 5837 of 2026 against Ranjith and three others, based on the first information dated 20.02.2026 received from Prajwal, who is one of the injured victim in the present case. During the course of investigation, petitioners herein who were arrayed as accused Nos.2 and 4 in the FIR were arrested on 22.02.2026 and 06.03.2026 respectively. After completing investigation, Charge sheet has been filed against 3 persons and in the charge sheet petitioners herein are arrayed as accused Nos.2 and 3. Their bail application filed before the jurisdictional Sessions Court, in Crl.Misc.Nos.15045/2026 and 15054/2026 were rejected on 04.04.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that accused No. 1 is the son of accused No. 2. It appears that, as against accused No. 1, a case was registered by the very same Police Station in Crime No.101/2024 for offences punishable under Sections 4(2), 5(L) and 6 of POCSO Act, 2012 and Section 366A, 344 and 376(3) of IPC on the allegation that he had kidnapped CW24, who is the sister of PW1 and daughter of deceased, Renuka, and had sexual intercourse with her. As a result, CW24 had become pregnant. In the said case, accused - 5 - HC-KAR NC: 2026:KHC:33960 CRL.P No. 5845 of 2026 C/W CRL.P No. 5837 of 2026 No.1 was arrested and by Judgment and Order dated 14.01.2026, he was acquitted of the charge sheeted offences in Crime No.101/2024. 5. Allegation in the present case is that on 20.02.2026, when deceased Renuka, was sweeping the front yard of her house, accused No.1 came there in a motorbike bearing registration No.KA-50-W-8836 and started abusing Renuka using filthy language. He allegedly also stated that he would be marrying her daughter CW24 and threatened her of dire consequences in the event, they performed the marriage of CW24 with some other boy. When Renuka questioned him as to why he was abusing her, he allegedly pushed her and assaulted her with his hands on her chest and other parts of the body. Allegation as against accused Nos. 2 and 3 is that subsequently they came to the alleged spot of crime and instigated accused No. 1 to commit the murder of Renuka. It is further alleged that accused Nos.2 and 3 also assaulted Renuka with their hands and legs and as a result she had suffered grievous injuries. In the incident in question, CW1 and CW2 also had sustained simple injuries. Injured Renuka had breathed her last - 6 - HC-KAR NC: 2026:KHC:33960 CRL.P No. 5845 of 2026 C/W CRL.P No. 5837 of 2026 in Devananahalli Government Hospital on the very same day and it is under these circumstances, the FIR was registered against Ranjith Kumar and three others. In the hospital records of the deceased as well as of CW1 and CW2, the history of assault is given and a perusal of the same would go to show that allegation of assault is made only against accused No.1 Ranjith and not against any other accused persons. 6. Submission made by learned counsel for the petitioner that in view of the prior enmity between the parties, the family members of accused No. 1-Ranjith have been falsely implicated in the present case cannot be brushed aside. Accused No.2 is a married lady aged about 48 years and accused No.4 is an agriculturalist aged about 54 years. Undisputedly, petitioners who are accused Nos.2 and 3 have no criminal antecedents. Accused no. 1, who is arrested in the present case is in custody. Under the circumstances, I am of the opinion that prayer made by the accused-petitioners herein for grant of regular bail is to be answered affirmatively. - 7 - HC-KAR NC: 2026:KHC:33960 CRL.P No. 5845 of 2026 C/W CRL.P No. 5837 of 2026 7. Accordingly, I pass the following: ORDER The petitions are allowed. The petitioners are directed to be enlarged on bail in 39/2026 registered by Viswanathapura Police Station, Bangalore Rural District for offences punishable under Sections 103(1), 115(2), 118(1), 74, 352, 351(3), 3(5) of BNS 2023, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE HR List No.: 1 Sl No.: 60