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2026 DAILYLAW 39097 (KAR)

BOREGOWDA, v. STATE OF KARNATAKA BY

CRL.P/12384/2026 · 2026-09-07

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010558242026 NC: 2026:KHC:48248 CRL.P No. 12384 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12384 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: BOREGOWDA, S/O SIDDARAMEGOWDA, AGE ABOUT 45 YEARS, R/AT LAKSHMI JANARDHANA TEMPLE STREET, ANEKERE BEEDI, MANDYA CITY-571401 (NOW IN J.C.) …PETITIONER (BY SMT. RAKSHA KEERTHANA, ADVOCATE FOR SRI. KEMPARAJU., ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA CENTRAL POLICE STATION, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU- 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CC.NO.342/2026 ARISING OUT OF CR.NO.9/2026 REGISTERED BY RESPONDENT IN CENTRAL P.S., MANDYA, FOR THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010558242026 NC: 2026:KHC:48248 CRL.P No. 12384 of 2026 OFFENCES P/U/S 103(1) AND 238(b) OF BNS, PENDING BEFORE THE HON'BLE II ADDL. SENIOR CIVIL JUDGE AND JMFC, MANDYA. 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 Crime No.9/2026 registered by Mandya Central Police Station, Mandya for the offences punishable under Sections 103(1) and 238(b) of the Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the arguments of the learned counsel for the parties. 3. FIR in Crime No.9/2026 was registered by Mandya Central Police Station for the aforesaid offences against the petitioner based on the first information dated 27.01.2026 received from Smt. Bhagya P.H., W/o Late - 3 - HC-KAR CNR: KAHC010558242026 NC: 2026:KHC:48248 CRL.P No. 12384 of 2026 Shrinivasa. During the course of investigation of the said case, the petitioner was arrested on 28.01.2026 and remanded to judicial custody. After completion of the investigation, charge sheet was filed. The petitioner had filed a bail application in Crl. Misc. No.581/2026, which was rejected by the jurisdictional Sessions Court on 07.07.2026. Therefore, he is before this Court. 4. The material on record would go to show that, the deceased Hema was the wife of the petitioner. It appears that, Hema was an orphan and she was working as a Maid in first informant’s house. Marriage of Hema with the petitioner was performed by the first informant and her family members seven years prior to the alleged date of incident. Subsequently, Hema was residing in her husband’s house. In the first information, it is alleged that, in the month of December 2025 and on 19.01.2026, when the first informant had met Hema, she allegedly had informed that, she and her husband often quarreled on monetary issues. On 27.01.2026, the first informant was - 4 - HC-KAR CNR: KAHC010558242026 NC: 2026:KHC:48248 CRL.P No. 12384 of 2026 informed by her brother in law Madhu that Hema had died. Immediately thereafter, the first informant went to the house of Hema, and after seeing the dead body of Hema, since she suspected the cause for death, she had approached the Police and based on her first information, FIR was registered against the petitioner. Post-mortem report of the deceased would go to show that, death was due to ligature compression over the neck. Allegation against the petitioner is that, since Hema was constantly demanding money from him, he decided to eliminate her and on 27.01.2026, after there was a fight between the couple, petitioner allegedly strangulated the neck of Hema a veil and committed her murder. 5. Entire case of the prosecution is based on circumstantial evidence. Charge sheet allegations against the petitioner are required to be proved in a full-fledged trial. Trial in this case is yet to commence. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner seeking regular bail - 5 - HC-KAR CNR: KAHC010558242026 NC: 2026:KHC:48248 CRL.P No. 12384 of 2026 needs to be granted, subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.9/2026 registered by Mandya Central Police Station, Mandya for the offences punishable under Sections 103(1) and 238(b) of the BNS, 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; - 6 - HC-KAR CNR: KAHC010558242026 NC: 2026:KHC:48248 CRL.P No. 12384 of 2026 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 PA List No.: 1 Sl No.: 50