- 1 - HC-KAR CNR: KAHC010426422026 NC: 2026:KHC:39587 CRL.P No. 9074 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9074 OF 2026 BETWEEN: THEERTHA H R S/O LATE RAJU H.B AGED 25 YEARS RESIDING AT GIRIJANA COLONY BASAVANHALLI VILLAGE KUSHALNAGAR TALUK KODAGU DISTRICT. …PETITIONER (BY SMT. VAISNAVI VIBHUTE, ADV.) AND: THE STATE OF KARNATAKA BY KUSHALNAGAR RURAL POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURTS BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI .,ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULARBAIL IN CR.NO.137/2025 (SC.NO.123/2025) REGISTERED BY KUSHALNAGAR RURAL P.S., FOR THE OFFENCES P/U/S 103(1),109(1),118(2) OF BNS, PENDING BEFORE THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERE, BENGALURU. 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: KAHC010426422026 NC: 2026:KHC:39587 CRL.P No. 9074 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.123 of 2025, pending before the Court of I Additional District and Sessions Judge, Kodagu, arising out of Crime No.137 of 2025 registered by Kushalnagar Rural Police Station, Kodagu District, for offences punishable under Sections 103(1), 109(1) & 118(2) 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 for the parties. 3. FIR in Crime No.137 of 2025 was registered by Kushalnagar Police Station, Kodagu District initially for offences punishable under Sections 103(1) & 109 of BNS, 2023 against the petitioner herein, based on the first information dated 30.08.2025, received from Sri Manikanta - CW1. In the said case, petitioner was arrested on 30.08.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail - 3 - HC-KAR CNR: KAHC010426422026 NC: 2026:KHC:39587 CRL.P No. 9074 of 2026 application filed before the Trial Court in Crl.Misc.No.71 of 2026 was rejected on 09.03.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the ground urged in the petition submits that though in the charge sheet, CW2 is cited as an eye witness, her statement recorded under Section 183 of BNSS, 2023 does not support the allegations found in the charge sheet. Petitioner is the only earning member of the family and charge sheet is mainly filed based on the confession statement of petitioner to CW4. She accordingly, prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the petition submits that, CW2 is cited as eyewitness in the present case. In the event, petitioner is enlarged on bail he is likely to tamper with material charge witnesses. She accordingly, prays to dismiss the petition. 6. Petitioner, his wife CW2 and their minor child were staying in a shed in the property belonging to CW1 - Manikanta. Deceased Murali was also staying in a nearby shed - 4 - HC-KAR CNR: KAHC010426422026 NC: 2026:KHC:39587 CRL.P No. 9074 of 2026 and they were all working in the farm belonging to CW1. On 29.08.2025 petitioner allegedly was quarrelling with his wife CW2 after consuming alcohol. At about 11.32 p.m., Murali tried to interfere while the petitioner was quarrelling with his wife and therefore, petitioner allegedly assaulted Murali with a wooden club on his head and as a result, Murali fell down and lost his consciousness. Subsequently, petitioner allegedly shifted Murali to his shed and thereafter, assaulted his wife - CW2 with iron rod causing grievous injuries to her. 7. In the statement of CW2 which has been recorded in the present case before the jurisdictional Magistrate, she has stated that, petitioner had quarrelled with her and also assaulted her. Thereafter, she had slept inside her house. On the next day, petitioner informed her that he had assaulted Murali and as a result, he had died. CW4 is another witness, who states about the confession of petitioner regarding assault made by him on the deceased. Dead body of Murali was found inside his shed. - 5 - HC-KAR CNR: KAHC010426422026 NC: 2026:KHC:39587 CRL.P No. 9074 of 2026 8. Insofar as the alleged incident that had taken place near the shed in which petitioner and his wife were living on 29.08.2025 at about 11.32 p.m., there is no direct evidence in view of the statement of the victim - CW2 which is recorded under Section 183 of BNSS, 2023. It is not in dispute that, petitioner has no other criminal antecedents. He has got a minor daughter to be taken care of. It is submitted that, he is the only earning member of the family. Investigation of the case is completed and charge sheet is filed. Under the circumstances, the following:- ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.123 of 2025, pending before the Court of I Additional District and Sessions Judge, Kodagu, arising out of Crime No.137 of 2025 registered by Kushalnagar Rural Police Station, Kodagu District, for offences punishable under Sections 103(1), 109(1) & 118(2) of BNS, 2023, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010426422026 NC: 2026:KHC:39587 CRL.P No. 9074 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.: 65