- 1 - HC-KAR CNR: KAHC010475212026 NC: 2026:KHC:44953 CRL.P No. 10327 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10327 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. JAYAPPA S/O. ERAPPA, AGED ABOUT 30 YEARS, R/O. HONNUR VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577556 …PETITIONER (BY SRI. HARSHA G., ADVOCATE FOR SRI CHAKRAVARTHY T S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DAVANAGERE RURAL POLICE STATION, DAVANAGERE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE -560001 …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER / SOLE ACCUSED ON BAIL IN CR.NO.117/2025 NOW SC.NO.104/2025 IN DAVANAGERE RURAL POLICE STATION, DAVANGERE AND ON FILE OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT DAVANGERE, FOR THE OFFENCE P/U/S 103(1) OF BNS, 2023 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010475212026 NC: 2026:KHC:44953 CRL.P No. 10327 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 SC No.104/2025 pending before the Court of Principal District and Sessions Judge, Davanagere, arising out of Crime No.117/2025 registered by Davanagere Rural Police Station for offence punishable under Section 103(1) 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.117/2025 was registered by Davanagere Rural Police Station for the offence punishable under Section 103(1) of BNS, 2023 against the petitioner herein based on the first information dated 05.04.2025 received from Kollappa, brother of deceased Shivakumar. During the course of investigation of the said case, petitioner was arrested on 05.04.2025 and remanded to judicial custody. After completing investigation, charge - 3 - HC-KAR CNR: KAHC010475212026 NC: 2026:KHC:44953 CRL.P No. 10327 of 2026 sheet is filed against him for the aforesaid offence. His bail application filed before the Sessions Court has been rejected. Therefore, he is before this Court. 4. Petitioner is the husband of CW10. It appears that, prior to her marriage, Parimala was in love with deceased Shivakumar. Even though Parimala had married the petitioner, CW10 and Shivakumar had continued their relationship and Shivakumar allegedly was visiting the house of the petitioner in his absence. On 04.04.2025, at about 08.00 p.m., Shivakumar had come to the house of the petitioner to meet CW10. At about 10.00 p.m., when the petitioner returned home, he found Shivakumar inside his house with his wife - CW10 Parimala and therefore, the petitioner, who got enraged, allegedly assaulted Shivakumar with his hands. Shivakumar thereafter ran away from the house and the petitioner chased him. At about 10.30 p.m. petitioner managed to catch hold of Shivakumar and thereafter, he allegedly strangulated his neck and committed his murder. - 4 - HC-KAR CNR: KAHC010475212026 NC: 2026:KHC:44953 CRL.P No. 10327 of 2026 5. CW10 is the prime witness in this case. She is now examined as PW5 and according to the learned counsel for the petitioner, she has not supported the case of the prosecution. As on this day, material charge sheet witnesses are already examined. Therefore, there cannot be any apprehension that the petitioner may tamper with the said witnesses. Considering the nature of allegations found in the charge sheet against the petitioner and also the fact that the material charge sheet witnesses are now examined, his prayer for grant of regular bail, needs to be answered affirmatively. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in SC No.104/2025 pending before the Court of Principal District and Sessions Judge, Davanagere, arising out of Crime No.117/2025 registered by Davanagere Rural Police - 5 - HC-KAR CNR: KAHC010475212026 NC: 2026:KHC:44953 CRL.P No. 10327 of 2026 Station for an offence punishable under Section 103(1) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 Cm/-