- 1 - HC-KAR NC: 2026:KHC:9006 CRL.P No. 17070 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17070 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. AJITH SHA S/O PRAHAD SHA AGED ABOUT 30 YEARS R/AT NEAR NISARGA COMFORT 3RD CROSS, NISARGA LAYOUT HOSAKOTE BENGALURU RURAL DISTRICT- PERMANENT ADDRESS R/AT BHANDARIDAYA VILLAGE CHARAMPA POST BHADRAK THANA DISTRICT ODISSA, STATE-756 101 …PETITIONER (BY SRI. G. RAKESH RAJ, ADVOCATE FOR SRI. KIRANKUMAR H.K, ADVOCATE) AND: STATE OF KARNATAKA BY SHO KR PURAM PS REPTD. BY GOVT. PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALORE-560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNNS) PRAYING TO ENLARGE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9006 CRL.P No. 17070 of 2025 THE PETITIONER ON BAIL IN CR NO.661/2025 K.R.PURAM POLICE STATION PENDING IN 29TH ADDL.CMM, COURT MAYO HALL BANGALORE CITY FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 103 OF BNS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No. 2 under Section 483 of BNSS praying to grant bail in Crime No.661/2025 of K.R.Puram police Station, registered for offences under Section 103 of BNS. 2. Heard the learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that the petitioner is the cousin of accused No.1. Even though CW.3 to CW.5 are stated to be eyewitnesses in the charge sheet, but on perusal of their statements, they are not eyewitnesses. CW.5 stated to have seen one male and female on the terrace on the date of incident. But no Test Identification Parade has been conducted to identify those - 3 - HC-KAR NC: 2026:KHC:9006 CRL.P No. 17070 of 2025 male and female persons. There is no recovery from the petitioner. The case of the prosecution is based on circumstantial evidence and the prosecution has to prove each of the circumstances at trial. The petitioner is in judicial custody since 28.08.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the petitioner is cousin of accused No.1. The accused persons conspired to kill the deceased as she was harassing accused No.1. All the accused persons went to the house of the deceased situated in the fifth floor and accused Nos.2 and 3 were standing on the terrace and accused No.1 went inside. Thereafter on receiving message from accused No.1, accused Nos. 2 and 3 went inside the house. All the three together committed the murder of the deceased. The movements of the accused persons has been recorded in the CCTV and footage has been collected. The offence alleged against the petitioner is a heinous - 4 - HC-KAR NC: 2026:KHC:9006 CRL.P No. 17070 of 2025 offence. The charge sheet material show prima-facie case against the petitioner for the offence alleged against him. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other material placed on record. 6. As per charge sheet, the case of the prosecution is that accused No.1, even though he has married to accused No.3, hiding it had married deceased and resided with her for some time. Thereafter he left her and enraged by that deceased started harassing him. Therefore, accused Nos.1 to 3 planned to kill the deceased and they went to the house of the deceased. Accused Nos. 2 and 3 were standing on the terrace and accused No.1 went inside the house of the deceased and subsequently, secured accused Nos.2 and 3 by sending message to them and all the three persons pressed the neck, put the pillow on her face and caused her death and made a scene that she has committed suicide by hanging to a ceiling fan. The - 5 - HC-KAR NC: 2026:KHC:9006 CRL.P No. 17070 of 2025 presence of accused Nos.2 and 3 on the terrace has been noticed by CW.5, who has stated that she has seen one male and one female on the terrace. As per case of the prosecution itself, accused Nos.1 to 3 were wearing helmet. It is submitted that the Test Identification Parade has not been conducted. The case of the prosecution is based on circumstantial evidence. Therefore, prosecution has to prove each of the circumstances at trial. The petitioner is in judicial custody since 28.08.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. The apprehension of the prosecution that the petitioner may flee from justice as he is a resident of Odisha can be met with by imposing stringent conditions. 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following. - 6 - HC-KAR NC: 2026:KHC:9006 CRL.P No. 17070 of 2025 ORDER Petition is allowed. The petitioner is granted bail in Crime No.661/2025 of K.R.Puram police Station, subject to following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. (iv) The petitioner shall produce his address proof. (v) The petitioner shall attend the jurisdictional police Station on first Sunday of every month till the case registered against him is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 43