- 1 - HC-KAR CNR: KAHC010049772026 NC: 2026:KHC:38232 CRL.P No. 950 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 950 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: RAMESH S S/O LATE SHIVANNA, AGED ABOUT 38 YEARS, R/O SANNENAHALLI, NONAVINAKERE HOBLI AND HATNA KIBBANAHALLI HOBLI, TIPTUR TALUK-572201, TUMAKURU DISTRICT. …PETITIONER (BY SRI GANAPATI S. SHASTRI, ADVOCATE) AND: STATE OF KARNATAKA BY KIBBANAHALLI P.S, TIPTUR, TUMAKURU DISTRICT, BY SPP, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SRI RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING THAT TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.40/2025 OF KIBBANAHALLI P.S., TIPTUR FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 238 OF BNS ACT, ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, TIPTUR. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010049772026 NC: 2026:KHC:38232 CRL.P No. 950 of 2026 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 in Crime No. 40/2025 registered by Kibbanhalli Police Station, Tumakuru, for the offences punishable under Sections 103 and 238 of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short), is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No. 40/2025 was registered by Kibbanhalli Police Station, Tumakuru for the aforesaid offences, against unknown person based on the first information dated 12.04.2025 received from Nethravathi wife of Dileep Kumar. In the said case, petitioner was arrested on 27.04.2025 and remanded to judicial custody. - 3 - HC-KAR CNR: KAHC010049772026 NC: 2026:KHC:38232 CRL.P No. 950 of 2026 After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application before the jurisdictional Sessions Court in Crl.Misc. No. 10346/2025 was rejected on 29.10.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that deceased Smt. Gowramma, aged 73 years, was found missing from her house from 07.10.2024. Efforts made to trace her were futile and therefore on 09.10.2024, a missing complaint was registered by K.B. Cross Police Station, Tumakuru. Subsequently, the dead body of Gowramma was found on 11.10.2024 in the property of one Umesh. Thereafter, a case for unnatural death in UDR No. 13/ 2024 was registered. 5. After a lapse of more than 6 months from the date the dead body was found, the first informant had approached the police on 12.04.2025 and based on the first information, FIR was registered against unknown - 4 - HC-KAR CNR: KAHC010049772026 NC: 2026:KHC:38232 CRL.P No. 950 of 2026 person and in the said case, petitioner was arrested on 27.04.2025. 6. In the first information which is filed after a period of 6 months from the date the dead body of Smt. Gowramma was found, it is stated that the gold jewelleries which Gowramma was wearing were not found on her body when her dead body was found on 11.10.2024. Such a statement is made for the first time after 6 months from the date on which the dead body of deceased was found. The entire case of the prosecution is based on circumstantial evidence. Investigation of the case is now completed and petitioner is in custody in the present case for more than one year. 7. Considering the nature of allegation as against the petitioner and also the fact that there is an inordinate delay in approaching the police, I am of the opinion that the prayer made by the petitioner for grant of regular bail - 5 - HC-KAR CNR: KAHC010049772026 NC: 2026:KHC:38232 CRL.P No. 950 of 2026 needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. 40/2025 of Kibbanhalli Police Station, Tumakuru, for the offences punishable under Sections 103 and 238 of 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 date 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; - 6 - HC-KAR CNR: KAHC010049772026 NC: 2026:KHC:38232 CRL.P No. 950 of 2026 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE VP