- 1 - HC-KAR CNR: KAHC010426402026 NC: 2026:KHC:44524 CRL.P No. 9163 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9163 OF 2026 BETWEEN: SHANKARLAMANI @ GIDDA SON OF SHIVAPPA LAMANI AGED 38 YEARS RESIDING AT HESARUR VILLAGE, SAVANUR TALUK, HAVERI, KARNATAKA …PETITIONER (BY SMT. VAISHNAVI VIBHUTE, ADVOCATE FOR SRI. SHARAN L. JAIN, ADVOCATE) AND: THE STATE OF KARNATAKA BY BASAVANAGARA PS POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURTS BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP FOR R1) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SC.NO.115/2024 REGISTERED BY BASAVANAGUDI P.S., FOR THE OFFENCES P/U/S 302, 201, 376(2)(n) OF IPC, 1860, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010426402026 NC: 2026:KHC:44524 CRL.P No. 9163 of 2026 PENDING BEFORE THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, DAVANAGERE. 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 S.C.No.115 of 2024 pending before the Court of Additional District and Sessions Judge, FTSC-I Davangere, arising out of Crime No.38 of 2024 registered by Basavanagara Police Station, Davangere, for the offences punishable under Sections 302 and 201 of IPC, 1860, is before this Court in this petition filed under Section 483 of BNSS, 2023 is seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.38 of 2024 was registered by Basavanagara Police Station, Davangere, against unknown person for the aforesaid offences, based on the first information dated 30.03.2024 received from Vinodkumar - 3 - HC-KAR CNR: KAHC010426402026 NC: 2026:KHC:44524 CRL.P No. 9163 of 2026 B.T, - Police Officer attached to Basavanagara Police Station, Davangere. 4. During the course of investigation, the petitioner was arrested on 16.04.2024 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court was rejected. Therefore, he is before this Court. 5. FIR in the present case was registered against unknown person after the dead body of a unknown female aged about 35 to 40 years was found within the jurisdiction of Basavanagara police station, Davangere. 6. During the course of investigation, the petitioner was arrested and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. In the charge sheet, it is alleged that on 28.03.2024 at about 5.30.pm, when the deceased Shanthama, who had consumed - 4 - HC-KAR CNR: KAHC010426402026 NC: 2026:KHC:44524 CRL.P No. 9163 of 2026 alcohol was sleeping on the road side, with an intention to have sexual intercourse with her, the petitioner took her with him to a wine shop and provided her liquor. Subsequently, he took her to a vacant site near old railway guest house and had sexual intercourse with her. After sometime, when the petitioner again intended to have sexual intercourse with her, she allegedly resisted and therefore, petitioner assaulted her with the stone on her head. Subsequently, he strangulated her neck with her saree and committed her murder. 7. The entire case of the prosecution is based on circumstantial evidence. It is not in dispute that the petitioner has no other criminal antecedents and he is in custody for the last more than two years. Material charge sheet witnesses are already examined and therefore, there cannot be any apprehension that the petitioner is likely to tamper the said witnesses. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 5 - HC-KAR CNR: KAHC010426402026 NC: 2026:KHC:44524 CRL.P No. 9163 of 2026 8. Accordingly, the following order: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.115 of 2024 pending before the Court of Additional District and Sessions Judge, FTSC-I Davangere, arising out of Crime No.38 of 2024 registered by Basavanagara Police Station, Davangere, for the offences punishable under Sections 302 and 201 of IPC, 1860, subject to the following conditions: a) The 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; - 6 - HC-KAR CNR: KAHC010426402026 NC: 2026:KHC:44524 CRL.P No. 9163 of 2026 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 59