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2026 DAILYLAW 3841 (KAR)

VENKATESHA v. THE STATE OF KARNATAKA

CRL.P/15804/2025 · 2026-04-21

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21627 CRL.P No. 15804 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CRIMINAL PETITION NO.15804 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: VENKATESHA AGED ABOUT 38 YEARS, S/O THIMMAIAH, R/AT NO.76, 3RD MAIN ROAD, RANGANATHAPURA, KAMAKSHIPALYA, BENGALURU CITY, KARNATAKA – 560079 PERMANENT ADDRESS: HOMBEGOWDANADODDI VILLAGE, AKKURU POST, KUTAKAL HOBLI, RAMANAGARA TALUK RAMANAGARA-562159. (PETITIONER IN JUDICIAL CUSTODY) …PETITIONER (BY SMT. RAKSHITH R., ADVOCATE FOR SMT. LIKITHA M., ADVOCATE) AND: THE STATE OF KARNATAKA BY KAMAKSHI PALYA P.S. REP. BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY SMT. SOUMYA R., HCGP) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21627 CRL.P No. 15804 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTIONS 439 CR.P.C. (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.158/2024 OF KAMAKSHIPALYA P.S., PENDING ON THE FILE OF LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-72) IN SC.NO.160/2025, FOR THE OFFENCES P/U/S 302, 498(A) OF IPC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has filed this petition under Section 439 Cr.P.C. (483 of BNSS) seeking to enlarge him on bail in Crime No.158/2024 of Kamakshipalya Police Station, registered in S.C. No.160/2025 on the file of the LXXI Additional City Civil and Sessions Judge, Bengaluru (CCH- 72) for the offences punishable under Sections 498A and 302 of IPC. 2. The petitioner is the accused in the aforesaid crime. His earlier application for bail in Crl. Misc. No.8176/2025 came to be rejected by the Sessions Court. It is also not in dispute that, this Court in Crl. P. No.8821/2024 has granted liberty to approach the Court afresh after completion of examination of CW.4. - 3 - HC-KAR NC: 2026:KHC:21627 CRL.P No. 15804 of 2025 3. Learned counsel for the petitioner submits that examination of CW.4, which was directed to be completed, has not been concluded. The trial is likely to take considerable time. There are discrepancies in the post mortem report. The child born from the wedlock is presently under the care of the petitioner’s parents. On these grounds, the petitioner seeks enlargement on bail. 4. Leaned HCGP submits that the examination of CW.4 would be completed on priority basis. 5. The Trial Court rejected the bail. Earlier, liberty was granted to the petitioner to renew the prayer for bail after competition of examination of CW.4. Admittedly, such examination has not been completed. In the circumstances, instead of considering the bail on merits at this stage, it would be proper to ensure expeditious progress of trial, particularly completion of evidence of CW.4, which formed the basis for the liberty granted earlier. - 4 - HC-KAR NC: 2026:KHC:21627 CRL.P No. 15804 of 2025 6. Accordingly, the respondent-State is directed to ensure that the examination of CW.4 is taken up on priority and completed within three (03) weeks from the next date of hearing. The said direction shall be communicated to the public prosecutor concerned. Liberty is reserved to the petitioner to file a fresh petition for bail after completion of the examination of CW.4. With the above observations, the criminal petition stands disposed of. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 4