Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 41534 (KAR)

SRI CHETAN @ LAMBU v. STATE BY GEGURU PS

CRL.P/10975/2026 · 2026-09-23

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010505372026 NC: 2026:KHC:52538 CRL.P No. 10975 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10975 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI CHETAN @ LAMBU S/O KALURAM PARIHAR, AGED ABOUT 25 YEARS, RESIDING AT NO.50/02, 2ND FLOOR, 1ST MAIN, 2ND CROSS, LAKSHMI LAYOUT, GB PALYA, BEGURU, BENGALURU- 560 068. …PETITIONER (BY SRI. S.R. SREEPRASAD FOR SRI. STELLA THANGAM R.,ADVOCATE) AND: STATE BY GEGURU PS RESPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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 BAIL IN CR.NO.229/2025 IN SC.NO.501/2026 REGISTERED BY THE RESPONDENT IN BEGUR P.S., PENDING BEFORE THE HONBLE LXXI ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-72) BENGALURU CITY, FOR THE OFFENCE P/U/S 103(1) OF BNS AND ETC. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505372026 NC: 2026:KHC:52538 CRL.P No. 10975 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 S.C.No.501/2026 pending before the Court of LXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-72) (hereinafter referred to as ''the Trial Court") arising out of Crime No.229/2025 registered by Beguru Police Station, Bengaluru for the offence punishable under Section 103(1) of 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 learned counsel for the parties. 3. FIR in Crime No.229/2025 was registered by Beguru Police Station, Bengaluru for the aforesaid offence against the petitioner, based on the first information dated 23.09.2025 received from Sri. Kaluram Parihar, who is the father of the petitioner. During the course of investigation, - 3 - HC-KAR CNR: KAHC010505372026 NC: 2026:KHC:52538 CRL.P No. 10975 of 2026 the petitioner was arrested on 24.09.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offence. His bail application filed before the Trial Court in Crl.Misc.No.4232/2026 was rejected on 12.05.2026. Therefore, he is before this Court. 4. First informant, Sri. Kaluram Parihar-CW.1 is the father of the petitioner. It appears that the petitioner is the son born to the said Sri. Kaluram Parihar-CW.1 from his first wife. After the death of his first wife, CW.1 had married Smt. Geetha Devi, who is the deceased in the present case. The petitioner was staying along with CW.1, Smt. Geetha Devi and the children born to Smt. Geetha Devi. 5. It appears that subsequently, petitioner fell in love with one Grecy Ranglonga-CW.13. However, CW.1 and Smt. Geetha Devi did not agree for the marriage between petitioner and CW.13. Inspite of CW.1 and Smt. Geetha - 4 - HC-KAR CNR: KAHC010505372026 NC: 2026:KHC:52538 CRL.P No. 10975 of 2026 Devi opposing the marriage, petitioner married CW.13 and started residing with her separately in a rented premises. It appears that, CW.1 had given a sum of Rs.7,00,000/- to the petitioner and sent him out of his house. 6. In the charge sheet, it is alleged that even thereafter petitioner visited the house of CW.1 and constantly quarreled with him and his wife. On 23.09.2025, at about 10.30 a.m., petitioner allegedly came to the house of CW.1 and quarreled with him and his wife Smt. Geetha Devi, demanding money. Since, Smt. Geetha Devi stated that, as long as she is alive, no money will be paid to the petitioner. He allegedly strangulated her neck with the veil she was wearing and committed her murder. 7. In the charge sheet, it is further alleged that while leaving the house, the petitioner had taken the gold chain of Smt. Geetha Devi weighing about 38 grams and had - 5 - HC-KAR CNR: KAHC010505372026 NC: 2026:KHC:52538 CRL.P No. 10975 of 2026 subsequently sold the same to CW.26 for a sum of Rs.3,00,000/-. 8. Reading of the F.I.R. as well as charge sheet would go to show that relationship between the petitioner and his parents namely CW.1 and Smt. Geetha Devi was strained. Allegations against the petitioner is that on 23.09.2025, he had visited the house of CW.1 and quarreled with his father and Smt. Geetha Devi. He allegedly strangulated the neck of Smt. Geetha Devi with the veil she was wearing for refusing to pay money to him. Though, CW.1, aged about 47 years was very much present at the spot of incident, he had not interfered when the petitioner was allegedly strangulating the neck of Smt. Geetha Devi with the veil. 9. Undisputedly, CW.1 has not suffered any injuries. In normal circumstances, an able body person who is aged about 47 years would have fought with the accused, who was strangulating the neck of his wife with the veil. It - 6 - HC-KAR CNR: KAHC010505372026 NC: 2026:KHC:52538 CRL.P No. 10975 of 2026 is also noticed that in the F.I.R, there is no mention about the petitioner taking away the gold chain of Smt. Geetha Devi. Statement of CW.1 under Section 183 of BNSS was recorded in the present case on 24.11.2025, which is after a period of two months from the date of registration of F.I.R. Even in the said statement, there is no allegations against the petitioner about he taking the gold chain of Smt. Geetha Devi, while leaving the spot of incident. Only in the further statement recorded under Section 180 of BNSS by the Investigation Officer on 25.11.2025, for the first time an allegation is made that the petitioner has taken gold chain of the deceased Smt. Geetha Devi from the spot of crime after committing her murder. 10. CW.1, is the sole eye witness in the present case. It is brought to the notice of this Court that CW.1 has died on 18.08.2026. Learned counsel for the petitioner has produced copy of a death certificate of CW.1 along with a memo dated 21.09.2026. - 7 - HC-KAR CNR: KAHC010505372026 NC: 2026:KHC:52538 CRL.P No. 10975 of 2026 11. Petitioner who has no criminal antecedents is in custody for the last one year. Under the circumstances the following: O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in Special Case No.501/2026 pending before the Court of the LXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-72), arising out of Crime No.229/2025 registered by Beguru Police Station, Bengaluru for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: a) The 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; - 8 - HC-KAR CNR: KAHC010505372026 NC: 2026:KHC:52538 CRL.P No. 10975 of 2026 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 RL List No.: 1 Sl No.: 44