- 1 - HC-KAR CNR: KAHC010562182026 NC: 2026:KHC:51701 CRL.P No. 12383 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12383 OF 2026 BETWEEN: GOVINDAPPA, S/O HANUMANTHAPPA, AGED ABOUT 58 YEARS, R/O ALAGHATTA VILLAGE, KADUR TQ., CHIKKAMAGALURU DISTRICT - 577 548. …PETITIONER (BY SRI. UTSAV GOWDA P.S., ADVOCATE) AND: STATE OF KARNATAKA, BY KADUR P.S., REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA AT BENGALURU - 01. …RESPONDENT (BY SRI.RAHUL RAI K., 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.302/2025 (SC.NO.25/2026) REGISTERED BY THE RESPONDENT IN KADUR P.S., FOR THE OFFENCES P/U/S 103(1), 80, 85, 238, 3(5) OF BNS, U/S 3 AND 4 OF D.P ACT, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010562182026 NC: 2026:KHC:51701 CRL.P No. 12383 of 2026 1961, PENDING BEFORE THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU. 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 No.2 in SC No.25/2026 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru arising out of Crime No.302/2025 registered by Kadur Police Station, for the offence punishable under Sections 103(1), 80, 85, 238, 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 3 and 4 of the Dowry Prohibition Act, 1963 (for short "DP Act') 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.302/2025 was registered by Kadur Police Station, Chikkamagaluru for the aforesaid - 3 - HC-KAR CNR: KAHC010562182026 NC: 2026:KHC:51701 CRL.P No. 12383 of 2026 offence against Vijayakumar and others. In the said case, petitioner the father of accused No.1 was arrested on 14.10.2025 and remanded to judicial custody. After completing investigation, charge sheet is file against 3 persons and petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the Trial Court in SC No.25/2026 was rejected on 16.04.2026. Therefore, he is before this Court. 4. Accused Nos.2 and 3 are the parents of accused No.1-Vijaykumar. The deceased Bharathi was the wife of accused No.1 and it is alleged that Bharathi was ill-treated in her matrimonial house by the accused persons, in furtherance of their demand for dowry. According to the prosecution, at the time of marriage the accused persons received dowry in the form of cash and gold jewelry and in spite of the same, they ill-treated Bharathi in her matrimonial home. On the intervening night of 03.09.2025 and 04.09.2025, accused Nos.1 to 3 had quarreled with Bharathi in furtherance of their demand for - 4 - HC-KAR CNR: KAHC010562182026 NC: 2026:KHC:51701 CRL.P No. 12383 of 2026 dowry and allegedly assaulted her with hands and legs. Subsequently, accused No.1 assaulted his wife Bharathi on her face, dashed her head against the wall and committed her murder. Accused No.2 thereafter had allegedly assisted accused No.1 to shift the dead body of Bharathi and dispose of the same in an unused bore well in their property. 5. The dead body of the deceased was found in a highly decomposed stage and in the post mortem report it is stated that the cause of death cannot be ascertained due to the advance decomposition of the body and the absence of definite ante-mortem injuries or any significant pathological or toxicological findings. Accused No.3 has been granted regular bail by this Court in Crl.P.No.8852/2026 on 06.08.2026. The entire case of prosecution is based on circumstantial evidence. The petitioner, aged 58 years, is in custody in the present case for the last nearly one year. Considering the nature of allegations found against him in the charge sheet, I am of - 5 - HC-KAR CNR: KAHC010562182026 NC: 2026:KHC:51701 CRL.P No. 12383 of 2026 the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in SC No.25/2026 pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru arising out of Crime No.302/2025 registered by Kadur Police Station, for the offence punishable under Sections 103(1), 80, 85, 238, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1963, 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; - 6 - HC-KAR CNR: KAHC010562182026 NC: 2026:KHC:51701 CRL.P No. 12383 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 AMM List No.: 1 Sl No.: 66