- 1 - HC-KAR CNR: KAHC010475692026 NC: 2026:KHC:44212 CRL.P No. 10291 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10291 OF 2026 BETWEEN: MR DARIYAPA R BILLURU S/O RAMA GONDA, AGED ABOUT 41 YEARS, R/AT NO.1593, 7TH CROSS, NEAR NAGASANDRA CHURCH, HMT LAYOUT, NAGASANDRA, BENGALURU …PETITIONER (BY SRI. HASHMATH PASHA, SR.COUNSEL, FOR SRI. NASIR ALI., ADVOCATE) AND: THE STATE OF KARNATAKA BY PEENYA POLICE STATION, BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010475692026 NC: 2026:KHC:44212 CRL.P No. 10291 of 2026 CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.189/2026 OF PEENYA POLICE STATION, BENGALURU CITY, FOR OFFENCE U/S 103(1), 238 OF BNS, WHICH IS PENDING IN S.C.NO.956/2026 ON THE FILE OF HONBLE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-46), ON SUCH TERMS AND CONDITIONS, ETC., 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 Cr.No.189 of 2026 registered by Peenya Police Station, Bengaluru City for offences punishable under Sections 103(1) and 238 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 - HC-KAR CNR: KAHC010475692026 NC: 2026:KHC:44212 CRL.P No. 10291 of 2026 3. F.I.R. in Crime No.189 of 2026 was registered by Peenya Police Station, Bengaluru City for the aforesaid offences against the petitioner herein, based on the first information dated 02.04.2026 received at about 19.30 hours from Ms.Shivaleela D Billuru who is the daughter of the petitioner. 4. During the course of investigation, petitioner was arrested on 02.04.2026 and subsequently, remanded to judicial custody. After completing investigation, charge- sheet was filed against him for the aforesaid offence. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.5302 of 2026 was rejected on 09.07.2026. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that deceased Kavya was the wife of the petitioner. Their marriage was performed about 19 years prior to the date of registration of FIR and from the wedlock, they have two children; CW-1/Kumari Shivaleela D.Billuru, - 4 - HC-KAR CNR: KAHC010475692026 NC: 2026:KHC:44212 CRL.P No. 10291 of 2026 aged 17 years, is the daughter and CW-5/ Sri.Shivakumar, aged 16 years is the son born to the couple. 6. Petitioner is a building contractor and it appears that he had purchased some land in his village at Athani Taluk, Belgaum District and also constructed a house in the said property, in which, his parents and other relatives were residing. The deceased was not happy because of this and therefore, she was regularly quarreling with the petitioner. A week prior to the alleged date of incident, petitioner had gone to his native place. Thereafter, the auditor of the petitioner had brought cash and had handed over the same to Smt.Kavya, who had kept it inside their house. After petitioner returned from his village, he and his wife were not talking to each other. 7. On 02.04.2026, CW-1 had gone to her college at about 8.00 a.m. and thereafter, petitioner had dropped his son who had to write his SSLC examination, on the said date. After the petitioner had returned home on - 5 - HC-KAR CNR: KAHC010475692026 NC: 2026:KHC:44212 CRL.P No. 10291 of 2026 02.04.2026 at about 12.50 p.m., he had allegedly asked his wife Smt.Kavya for the cash, which his auditor had handed over to her and also for his cheque-book. Since Smt.Kavya did not hand over the cash and cheque-book to the petitioner, there was a quarrel between the couple and the petitioner who got enraged, strangulated Smt.Kavya with the help of a wooden club and committed her murder. Post-mortem report of the deceased would go to show that the death is due to asphyxia as a result of compression of neck. 8. It appears that, subsequently, the petitioner had informed about the incident to his auditor who in turn had informed the children of the petitioner and thereafter, FIR was registered against the petitioner. The incident in question appears to have taken place in a spur of moment after the deceased had refused to hand over the cash and cheque-book to the petitioner on 02.04.2026. According to the learned counsel for the petitioner, since he had to make payments to his workers, he had requested his wife - 6 - HC-KAR CNR: KAHC010475692026 NC: 2026:KHC:44212 CRL.P No. 10291 of 2026 to hand over the cash and cheque-book and when she refused, the petitioner got enraged and the incident in question had taken place. 9. It is not in dispute that petitioner has no other criminal antecedents and is a building contractor. CW-1 and CW-5 are his minor children who are required to be taken care of. They are pursuing their education and petitioner is the sole breadwinner of the family. The entire case of the prosecution is based on circumstantial evidence. Under these circumstances, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.189 of 2026 of Peenya Police Station registered for the offences punishable under Sections 103(1) and 238 of BNS 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One - 7 - HC-KAR CNR: KAHC010475692026 NC: 2026:KHC:44212 CRL.P No. 10291 of 2026 Lakh only) with two sureties for the like-sum, 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 DH List No.: 1 Sl No.: 62