- 1 - HC-KAR CNR: KAHC010562172026 NC: 2026:KHC:48174 CRL.P No. 12392 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12392 OF 2026 BETWEEN: 1. HARISH B R S/O B.R. RAJAPPA AGED ABOUT 40 YEARS R/A MALAVAGOPPA VILLAGE IN FRONT OF CHENNABSAVESHWAR SHIVAMOGGA. …PETITIONER (BY SRI UTSAV GOWDA P.S, ADV.) AND: 1. STATE OF KARNATAKA BY N.R. PURA P.S REP BY SPP, HIGH COURT OF KARNATAKA AT BENGALURU - 01 …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.43/2025 FOR THE OFFENCES P/U/S 49, 61(2)(a), 103(1), 238(a), 238(b), AND 3(5) OF BNS BEFORE RESPONDENT POLICE STATION PENDING ON THE FILE OF THE LD II ADDL.DISTRICT AND SESSIONS JUDGE CHIKKABALLAPURA BEARING SC NO.113/2025. 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: KAHC010562172026 NC: 2026:KHC:48174 CRL.P No. 12392 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC No.113/2025 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru, arising out of Crime No.43/2025 registered by N. R. Pura Police Station, Chikkamagaluru, for the offences punishable under Sections 49, 61(2)(a), 103(1), 238(a), 238(b) and 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.43/2025 was registered by N. R. Pura Police Station, Chikkamagaluru against Smt.Kamala and three others based on the first information dated 25.05.2025 received from Niranjana Gowda B S, police officer attached to N. R. Pura Police Station, Chikkamagaluru. During the course of investigation, petitioner was arrested in the said case on 25.05.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against four persons and - 3 - HC-KAR CNR: KAHC010562172026 NC: 2026:KHC:48174 CRL.P No. 12392 of 2026 petitioner is arraigned as accused No.3 in the charge sheet. Accused No.1 – Kamala, is the wife of deceased Sudarshan. Bail application filed by the petitioner before the Trial Court was rejected and therefore, he is before this Court. 4. Material on record would go to show that deceased Sudarshan was the husband of accused No.1. On 24.05.2025, his dead body was found within the jurisdiction of N. R. Pura Police Station and a case in UDR No.17/2025 was registered since the dead body had injuries on it. Police had interrogated accused No.1/Smt.Kamala, who had confessed to the crime and thereafter, FIR was registered against her and three others. Petitioner is arrayed as accused No.3 in the said FIR. After completing investigation, charge sheet is now filed against four persons. As per the charge sheet allegations, accused No.1, had illicit relationship with CW24. After coming to know about the same, Sudarshan had asked her not to meet CW24. Therefore, accused No.1 decided to eliminate her husband and contacted accused Nos.2 and 3 and sought their assistance to commit the murder of her husband. She allegedly had promised - 4 - HC-KAR CNR: KAHC010562172026 NC: 2026:KHC:48174 CRL.P No. 12392 of 2026 to pay them a sum of Rs.3,00,000/- and had handed over them her gold jewelry. 5. In furtherance of conspiracy between accused persons, on 23.05.2025, accused Nos.2 to 4 had purchased 10 Quetiapine tablets from a medical shop and thereafter, made Sudarshan to consume alcohol, which was mixed with the aforesaid tablets. After consuming alcohol mixed with aforesaid tablets, Sudarshan became unconscious and thereafter, accused Nos.2 to 4 allegedly throttled his neck and committed his murder. The entire case of the prosecution is based on circumstantial evidence. The allegation as against accused Nos.2 to 4 is similar in the charge sheet. Accused No.4 has been granted regular bail by the Trial Court in SC No.113/2025 by order dated 28.08.2026. Accused No.1 has been granted regular bail by this Court in Crl.P.No.8739/2026 by order dated 28.07.2026. It is not in dispute that petitioner has no other criminal antecedents. Trial in the case is yet to commence. Accordingly, the following order:- - 5 - HC-KAR CNR: KAHC010562172026 NC: 2026:KHC:48174 CRL.P No. 12392 of 2026 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.113/2025 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru, arising out of Crime No.43/2025 registered by N. R. Pura Police Station, Chikkamagaluru, for the offences punishable under Sections 49, 61(2)(a), 103(1), 238(a), 238(b) and 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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; - 6 - HC-KAR CNR: KAHC010562172026 NC: 2026:KHC:48174 CRL.P No. 12392 of 2026 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.: 56