- 1 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2331 OF 2025 (U/S 14(A) (2)) BETWEEN: 1. NAVEEN REDDY @ BHANUGADU S/O VENKATARAMAREDDY AGED ABOUT 31 YEARS, RESIDING AT JANGAMANAHALLI VILLAGE, KYASAMBALLI HOBLI, KGF, KOLAR DISTRICT. …APPELLANT (BY SRI. KODANDARAMEGOWDA V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA KYASAMBALLI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU -560001. 2. SRI. NARAYANAPPA S/O KRISHNAPPA AGED ABOUT 55 YEARS, R/AT JANGAMANAHALLI VILLAGE, KYASAMBALLI POST, K.G.F TALUK. …RESPONDENTS (BY SRI. N. ANITHA GIRISH, HCGP FOR R1 R2-SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO ENLARGE HIM ON REGULAR BAIL IN SPL.S.C.NO.05/2025, FOR THE OFFENCE Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 PUNISHABLE U/S 103, 311,238 OF BNS 2023 AND 3(2)(5) OF SC/ST POA ACT CRIME NO.77/2024 OF KYASAMBALLI POLICE STATION KOLAR DISTRICT PENDING ON THE FILE OF HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant has preferred this appeal against the order dated 20.09.2025 passed in Spl.S.C.BNS & SC/ST.No.05/2025 by the II Additional District and Sessions Judge, Kolar (for short 'the trial Court'). 2. For the sake of convenience, the parties herein are referred as per their rank before the trial Court. 3. Brief facts leading to this appeal are that, on the basis of the complaint filed by one Narayanappa, Kyasamballi police have registered the case against the accused in Crime No.77/2024 for the offence under Sections 103, 238 and 351(2) of the Bharatiya Nyaya Sanhita 2023. During the course of investigation, the - 3 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 Investigating Officer has arrested the accused and after completion of investigation, the IO has submitted the charge sheet against the accused for the offence under Sections 103, 238 and 311 of the Bharatiya Nyaya Sanhita 2023 and also Section 3(2)(v) of SC/ST (POA) Act, 1989. The accused has filed application under Section 483 of BNSS 2023. Same came to be rejected by the trial Court. Being aggrieved by rejection of bail application, the appellant/accused has preferred this appeal. 4. Learned counsel for the appellant would submit that, despite service of notice to respondent No.2, he remained absent and unrepresented. 5. Learned counsel for the appellant would submit that, the appellant has not committed any offence as alleged against him. The respondent police registered a case in UDR No.11/2024 under Section 194 of Bharatiya Nagarika Suraksha Sanhita 2023, on 07.12.2024 at around 10.30 pm. A requisition letter was given by the complainant/ - 4 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 husband of the deceased. Main contents of the letter reads as under: "ನನ ೆಂಡಯ ಾನ ಾವೇ ಅನುಾನರುವಲ". 6. The above facts and circumstances show that no case was registered against any person or suspect about the death of the complainant's wife-Susheelamma. Further he would submit that during the course of investigation, the Investigating Officer held inquest panchanama on the dead body of Susheelamma on 08.12.2024 between 9.00 and 11.00 am and recorded statements of one Subramani, son of the deceased, Smt. Ashwini, daughter of the deceased and also independent witnesses Subramani and Ganesh. In the said statements, nobody had suspected any person for cause of death. The entire case is based on circumstantial evidence. There is no eye-witness to the incident as per UDR No.11/2024 and inquest report. Further, it is submitted that during investigation, after lapse of 20 days the complainant/hearsay witness gave a - 5 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 complaint when he got information about the cause of death of Susheelamma. 7. Further, he would submit that though Prakash.R and Jayaramappa are shown as eye-witnesses, they have not deposed that they have witnessed the said incident. The opinion as to cause of death has not been disclosed in the Post-Mortem Report. The appellant is in Judicial Custody since the date of his arrest i.e., 27.12.2024. For more than one year, he is in judicial custody. The appellant is living with his old aged mother. His father died when the appellant was of two years old. There is no male member in their family. The appellant is ready to abide the conditions which may be imposed by this Court. On all these grounds, it is sought to allow this appeal. 8. I have examined the materials placed before this court. After the death of the deceased Susheelamma, the police have registered the case in UDR No.11/2024 on 07.12.2024 under Section 194 of Bharatiya Nagarika - 6 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 Suraksha Sanhita 2023. This UDR is registered on the basis of the complaint filed by one Narayanappa S/o Krishnappa, who is the husband of the deceased Susheelamma. In the complaint, the husband of the deceased has clearly stated as "ನನ ೆಂಡಯ ಾನ ಾವೇ ಅನುಾನರುವಲ". After lapse of 20 days, Narayanappa who is the complainant/the husband of the deceased Susheelamma lodged a complaint to the Kyasamballi Police against the accused Naveen Reddy. On the basis of this complaint, the Kyasamballi Police have registered case in Crime No.77/2024 against the appellant for the commission of offence under Sections 103, 238, 351(2) of the Bharatiya Nyaya Sanhita 2023. After investigation, the IO has submitted the charge sheet against the accused under Sections 103, 238 and 311 of the Bharatiya Nyaya Sanhita 2023 and also Section 3(2)(v) of SC/ST (POA) Act, 1989. The police have recorded the inquest panchanama on 08.12.2024. On careful examination of inquest - 7 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 panchanama, none of the witnesses have deposed against the accused. Even the alleged eye-witnesses Prakasha.R and Jayaramappa have not given any statement at the time of inquest panchanama. Only after lapse of more than 50 days, the Investigating Officer has recorded statements of Prakash R and Jayaramappa. Jayaramappa is a close relative of the deceased Susheelamma. However, he has not given any statement before the IO at the time of inquest panchanama or on subsequent dates. Only after the arrest of the accused, the IO has recorded statements of these witnesses. The entire case depends upon the circumstantial witnesses. The Investigating Officer has filed charge sheet against accused on the basis of the recovery of properties at the instance of the accused. The accused is in judicial custody for more than a year. The custodial interrogation of the accused is not required as the IO has already completed the investigation and submitted charge sheet against the accused for the commission of alleged offences. - 8 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 9. Hence, without expressing any opinion on the merits of the case, considering the delay in filing the complaint and delay in recording statements of eyewitnesses, it is just and proper to allow this appeal with conditions. Accordingly, I proceed to pass the following: O R D E R (i) Appeal is allowed; (ii) The order dated 20.09.2025 passed in Spl.S.C.BNS & SC/ST.No.05/2025 by the II Additional District and Sessions Judge, Kolar, is set aside. Consequently, application filed under Section 483 of BNSS 2023 is allowed, subject to following conditions: a. The appellant/accused shall be released on bail on executing a self-bond of Rs.1,00,000/- with one surety for likesum to the satisfaction of the trial Court; b. The appellant/accused shall not tamper or threaten the prosecution witnesses in any manner. - 9 - HC-KAR NC: 2026:KHC:4667 CRL.A No. 2331 of 2025 c. The appellant/accused shall appear before the trial Court on all the dates of hearing and co- operate for trial. d. The appellant/accused shall not leave the jurisdiction of the trial Court without its prior permission. Registry is directed to send the copy of the order to the trial Court. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 7