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2026 DAILYLAW 33055 (KAR)

PRUTHVIRAJ v. STATE OF KARNATAKA

CRL.P/9915/2026 · 2026-08-12

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010461062026 NC: 2026:KHC:43005 CRL.P No. 9915 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9915 OF 2026 BETWEEN: PRUTHVIRAJ S/O AKHILESH PRASAD SINGH AGED ABOUT 34 YEARS DEEPAK SHREE HOME NEAR MORE MARKER MARUTHI NAGAR, MADIVALA BENGALORE CITY - 560 068. PERMANENT R/OFF ATHARI VILLAGE AND POST RUNASAYADPUR TALUK, SITAMARHI BIHAR - 843 311. …PETITIONER (BY SRI KRISHNE GOWDA M, ADV.) AND: STATE OF KARNATAKA STATE BY MADIVALA PS RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.152/2022 OF MADIVALA POLICE STATION IN SC NO.2113/2022 FOR THE OFFENCES P/U/S 302, 201, 120B R/W 34 OF IPC AND ON THE FILE OF THE XLV ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE. 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: KAHC010461062026 NC: 2026:KHC:43005 CRL.P No. 9915 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in SC No.2113/2022 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.152/2022 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC, is before this Court, in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.152/2022 was registered by Madivala Police Station, Bengaluru City, for the aforesaid offences against petitioner herein and another, based on the first information dated 11.08.2022 received from Sri.Kumar Mookanavar, Police Officer, who is attached to Madivala Police Station. In the said case, the petitioner herein was arrested on 11.08.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. Petitioner is arraigned as accused No.1 in the charge sheet and petitioner is the husband of deceased Jyothi Kumari. Bail - 3 - HC-KAR CNR: KAHC010461062026 NC: 2026:KHC:43005 CRL.P No. 9915 of 2026 application filed by the petitioner before the trial Court was rejected and therefore he had approached this Court in Crl.P.No.5940/2023, which was dismissed on 22.08.2023. Petitioner is now before this Court in this successive bail petition. 4. Learned counsel for the petitioner submits that the entire case of the prosecution is based on circumstantial evidence. The petitioner has no criminal antecedents and is in custody for the last nearly 4 years. Out of 50 charge sheet witnesses cited in the present case, as on this day, only 7 charge sheet witnesses have been examined as PW.1 to PW.7. Accused No.2 has been granted regular bail by this Court in Crl.P.No.4465/2026. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor, who has opposed the bail application however, does not dispute the submissions made by learned counsel for the petitioner. 6. Perusal of the material on record would go to show that on 05.08.2022, petitioner/accused No.1 had approached - 4 - HC-KAR CNR: KAHC010461062026 NC: 2026:KHC:43005 CRL.P No. 9915 of 2026 the police and submitted a missing complaint stating that his wife Jyothi Kumari was missing. Therefore, FIR in Crime No.147/2022 was registered and during the course of investigation, petitioner/accused No.1 had confessed that he had committed the murder of his wife. It is under the said circumstances, the complainant - Sub-Inspector of Police, Madivala Police Station had lodged the first information on 11.08.2022, which had resulted in registering FIR in Crime No.152/2022 for the aforesaid offences against the petitioner herein and another. In the said case, the petitioner was arrested on 11.08.2022 and remanded to judicial custody. 7. As per the charge sheet allegations, the relationship between the petitioner/accused No.1 and his wife Jyothi Kumari was not cordial and therefore, he intended to contract a second marriage. It is in this background, he had decided to eliminate his wife - Jyothi Kumari and allegedly had conspired with accused No.2, who is his friend. On 01.08.2022, the accused persons booked a Zoom car and took Jyothi Kumari along with them to Malpe in Udupi District and from there they went to Murudeshwara. On their way back to Bengaluru, they allegedly - 5 - HC-KAR CNR: KAHC010461062026 NC: 2026:KHC:43005 CRL.P No. 9915 of 2026 stopped the car near Shiradi Ghat and committed murder of Jyothi Kumari inside the car by strangulating her ncek and thereafter, disposed off the dead body in Shiradi Ghat. The allegation of strangulating deceased-Jyothi Kumari inside the car is as against petitioner/accused No.1 and it is alleged that the accused No.2 was standing outside the car and keeping a watch. Dead body was subsequently recovered at the instance of accused persons. 8. It is not in dispute that the petitioner has no other criminal antecedents. He is in custody for the last nearly 4 years. As on this date, 7 charge sheet witnesses have been examined as PW.1 to PW.7. It appears that all the material charge sheet witnesses have been already examined. Therefore, at this stage, there cannot be any apprehension that the petitioner may tamper with the said witnesses. Accused No.2 has been granted regular bail by this Court in Crl.P.No.4465/2026 on 02.07.2026. 9. Considering the aforesaid aspects of the matter and also taking into consideration the period of petitioner's incarceration, his prayer for grant of regular bail needs to be - 6 - HC-KAR CNR: KAHC010461062026 NC: 2026:KHC:43005 CRL.P No. 9915 of 2026 answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R The criminal petition is allowed. The petitioner is directed to be enlarged on bail in SC No.2113/2022 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.152/2022 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Sections 302, 201, 120-B read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety 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; - 7 - HC-KAR CNR: KAHC010461062026 NC: 2026:KHC:43005 CRL.P No. 9915 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 75