Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 41718 (KAR)

KUMARA. G. H. v. STATE OF KARNATAKA,

CRL.P/13880/2026 · 2026-09-22

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010624392026 NC: 2026:KHC:52301 CRL.P No. 13880 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13880 OF 2026 BETWEEN: KUMARA G.H. S/O GOVINDAPPA AGED ABOUT 36 YEARS RESIDING AT NO. 8, 1ST CROSS 1ST MAIN, MALAGAL NAGARABHAVI 2ND STAGE, BANGALORE - 560 091. …PETITIONER (BY SRI KRISHNA GOWDA M, ADV.,) AND: STATE OF KARNATAKA STATE BY ANNAPURNESHWARINAGAR P.S. RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.279/2017 OF ANNAPURNESHWARINAGAR POLICE, NOW IN S.C.NO.1232/2018 AND PENDING TRIAL BEFORE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-46), FOR THE OFFENCE P/U/S 302 AND 201 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010624392026 NC: 2026:KHC:52301 CRL.P No. 13880 of 2026 ORAL ORDER 1. Accused in S.C.No.1232/2018 pending before the Court of XLV Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.279/2017 registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under Sections 302 & 201 of IPC, is before this Court in this successive petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.279/2017 was registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 03.10.2017 received from Shantharajaiah, PSI attached to Annapoorneshwari Nagar Police Station. In the said case, petitioner was arrested on 03.10.2017 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, and therefore, he had earlier approached this Court in - 3 - HC-KAR CNR: KAHC010624392026 NC: 2026:KHC:52301 CRL.P No. 13880 of 2026 Crl.P.No.5318/2020, which was rejected on 10.11.2020. Subsequently, petitioner had approached this Court once again in Crl.P.No.7315/2021 which was dismissed on 18.02.2022. It is under these circumstances, petitioner is before this Court in this successive bail petition. 4. A reading of the charge sheet would go to show that allegation against the petitioner is that he was suspecting the fidelity of his wife Parvathi and on 19.06.2017 at about 10.30 p.m. he had picked up quarrel with her in his house and dashed her head against the wall and committed her murder. Subsequently, he had placed the dead body of his wife on the cot and had escaped from the house. 5. The entire case of the prosecution is based on circumstantial evidence. Petitioner, who has no other criminal antecedents is in custody for the last nearly nine years in the present case. As on date, out of 24 witnesses cited in the charge sheet, only 12 charge-sheet witnesses have been examined. Considering the nature of allegations found in the charge sheet against the petitioner and the period of - 4 - HC-KAR CNR: KAHC010624392026 NC: 2026:KHC:52301 CRL.P No. 13880 of 2026 incarceration by the petitioner, I am of the opinion that his prayer for grant of regular is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1232/2018 pending before the Court of XLV Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.279/2017 registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under Sections 302 & 201 of IPC, subject to the following conditions: a) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - HC-KAR CNR: KAHC010624392026 NC: 2026:KHC:52301 CRL.P No. 13880 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK