- 1 - HC-KAR CNR: KAHC010437782026 NC: 2026:KHC:42250 CRL.P No. 9350 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9350 OF 2026 BETWEEN: SENDIL KUMAR S/O ALLI MUTTU AGE 28 YEARS, R/AT DAYANANDA NAGAR SLUM, NEAR USMANIYA MASJID, JAYANAGAR 5TH BLOCK, BENGALURU – 560 041. (PETITIONER IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. GIRISH R.,ADVOCATE) AND: STATE OF KARNATAKA BY THILAKNAGARA PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P FILED IS U/S.439 (FILED U/S.483 BNSS) PRAYING TO PASS AN ORDER GRANTING BAIL THEREBY DIRECTING THE RESPONDENT THILAK NAGAR POLICE TO RELEASE THE PETITIONER/ACCUSED NO.2 IN CR.NO.294/2025 IN S.C.NO.130/2026 PENDING ON THE FILE OF THE HONBLE XLV ADDL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-46) FOR THE ALLEGED OFFENCE P/US/103(1), 238 R/W SEC.3(5) OF BNS 2023. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010437782026 NC: 2026:KHC:42250 CRL.P No. 9350 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 1. Accused No.2 in S.C.No.130/2026 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.294/2025 registered by Thilaknagar Police Station, Bengaluru, for offence punishable under Sections 103(1), 238, read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. 3. FIR in Crime No.294/2025 was registered by Thilaknagar Police Station, Bengaluru, against Subramani and petitioner herein based on the first information dated - 3 - HC-KAR CNR: KAHC010437782026 NC: 2026:KHC:42250 CRL.P No. 9350 of 2026 25.10.2025, received from Smt.Parveen Taj, mother of the deceased, Salma Taj. In the said case, petitioner was arrested on 26.10.2025 and remanded to judicial custody. After completing investigation of the case, charge sheet is filed against two persons, for the aforesaid offences and the petitioner is arraigned as accused No.2 in the case. His bail application filed before the Trial Court in Crl.Misc.No.4898/2026 was rejected on 17.06.2026. Therefore, he is before this Court. 4. Perusal of material on record would go to show that deceased, Salma Taj, was married and she had illicit relationship with accused No.1. The husband of Salma Taj had therefore, warned accused No.1. Subsequently, the husband of Salma Taj died and thereafter, she was going out with accused No.1 and used to return home after 3-4 days. On 22.10.2025, accused No.2 took Salma Taj and her daughter, CW2, to the house of accused No.1. At about 04.00 p.m. on 22.10.2025, Salma Taj had given a - 4 - HC-KAR CNR: KAHC010437782026 NC: 2026:KHC:42250 CRL.P No. 9350 of 2026 packet of crackers to her daughter, CW-2, and had sent her home and Salma Taj had stayed back in the house of accused No.1. On 24.10.2025 at about 04.00 p.m. accused No.2, who came to the house of accused No.1, carrying food, alcohol, juice etc., allegedly tried to have sex with Salma Taj. Since Salma Taj did not co-operate with accused No.2, and accused No.1 allegedly assaulted her with a club and committed her murder. Subsequently, accused Nos.1 and 2 had shifted the dead body and disposed of the same in an autorickshaw, which was parked nearby. 5. The entire case of the prosecution is based on circumstantial evidence. Allegation as against petitioner is about helping accused No.1 to dispose of the dead body of deceased Salma Taj. Allegation of assaulting Salma Taj with club and committing her murder, is found in the charge sheet as against accused No.1, who is in custody. - 5 - HC-KAR CNR: KAHC010437782026 NC: 2026:KHC:42250 CRL.P No. 9350 of 2026 6. It is not in dispute that the petitioner has no other criminal antecedents. Considering the nature of allegations as against the petitioner in the charge sheet and also the stage of the case, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.130/2026 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.294/2025 registered by Thilaknagar Police Station, Bengaluru, for offence punishable under Sections 103(1), 238, read with 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for - 6 - HC-KAR CNR: KAHC010437782026 NC: 2026:KHC:42250 CRL.P No. 9350 of 2026 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 DM List No.: 1 Sl No.: 56