- 1 - HC-KAR CNR: KAHC010377842026 NC: 2026:KHC:37490 CRL.P No. 7955 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7955 OF 2026 BETWEEN: 1. MAHESH CHANDRA GURU S/O M.C. SWAMY AGED ABOUT 38 YEARS R/AT MUDNAKUDU VILLAGE CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT - PIN 571 128. …PETITIONER (BY SRI PARAMESWARAPPA C, ADV.) AND: 1. STATE OF KARNATAKA BY CHAMARAJANAGAR RURAL POLICE STATION, CHAMARAJANAGAR - 571 313. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO. 31/2023 OF CHAMARAJANAGAR RURAL POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 OF THE INDIAN PENAL CODE, 1860 PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGAR IN S. C. NO. 65/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010377842026 NC: 2026:KHC:37490 CRL.P No. 7955 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.65 of 2023 pending before the Court of Principal District and Session Judge, Chamrajanagar Police Station arising out of Crime No.31 of 2023 registered by Chamrajanagar Rural Police Station for offence punishable under Section 302 of IPC is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.31 of 2023 was registered by Chamrajanagar Rural Police Station for the aforesaid offence against the petitioner herein based on the first information dated 27.03.2023 received from Sri Somesha M. C., brother of deceased Sowmya. In the said case, petitioner herein was arrested on 28.03.2023 and remanded to judicial custody. After completing investigation, charge sheet was filed against him for the aforesaid offence. His bail application filed before the - 3 - HC-KAR CNR: KAHC010377842026 NC: 2026:KHC:37490 CRL.P No. 7955 of 2026 Session Court was rejected and therefore he had approached this Court in Criminal Petition No.11214 of 2023 and Criminal Petition No.6385 of 2024, which were dismissed as withdrawn. Subsequently, the petitioner had approached this Court in Criminal Petition No.16958 of 2025, which was dismissed as withdrawn, with liberty to the petitioner to file a fresh bail application after examination of CW7, the alleged material charge sheet witness who is the daughter of the petitioner is completed. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that CW7 has been now examined as PW6 and she has completely turned hostile to the case of the prosecution. Petitioner, who has no other criminal antecedent, is in custody for the last more than 3 years. He accordingly, prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. - 4 - HC-KAR CNR: KAHC010377842026 NC: 2026:KHC:37490 CRL.P No. 7955 of 2026 6. Perusal of the material on record would go to show that deceased Soumya was the wife of the petitioner and their marriage was performed on 26.01.2015. CW7 is the daughter born to the couple from the said wedlock. Allegation as against the petitioner in the charge sheet is that he had illicit relationship with another lady and after Sowmya came to know about the same, she had questioned him and it is under these circumstances he had decided to eliminate Sowmya. On 21.03.2023 petitioner had taken his wife Sowmya and his daughter CW7 to his native place for the purpose of celebrating Ugadi festival. On 27.03.2023 when the petitioner and CW7 were inside the house, Sowmya allegedly had quarreled with the petitioner in the background of his alleged relationship with another lady and therefore petitioner after sending his daughter CW7 outside his house, closed the door of the house and thereafter, smothered his wife Sowmya to death and committed her murder. 7. During the course of trial, the prosecution has till date examined six charge sheet witnesses as PW1 to PW6. CW7 who is the material charge sheet witness has been now - 5 - HC-KAR CNR: KAHC010377842026 NC: 2026:KHC:37490 CRL.P No. 7955 of 2026 examined before the trial Court as PW6. Submission made by learned counsel for the petitioner that PW6 has turned hostile to the case of the prosecution is not seriously disputed by learned Additional State Public Prosecutor. 8. Considering the aforesaid aspects of the matter and also taking into consideration the period of petitioner's incarceration, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.65 of 2023 pending before the Court of Principal District and Session Judge, Chamrajanagar Police Station arising out of Crime No.31 of 2023 registered by Chamrajanagar Rural Police Station for offence punishable under Section 302 of IPC, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010377842026 NC: 2026:KHC:37490 CRL.P No. 7955 of 2026 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 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 56