- 1 - HC-KAR NC: 2026:KHC:10826 CRL.P No. 15950 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15950 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NITHISHA H S @ NITHISH S/O. SATHISHA AGED ABOUT 22 YEARS, RESIDING AT HIRIKYATHANAHALLI VILLAGE, GAVADAGERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT. …PETITIONER (BY SRI. CHIRAG G.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HUNSUR RURAL POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BENGALURU-560 001. 2. SATHISHA S/O. LATE KULLEGOWDA AGED ABOUT 43 YEARS, RESIDING AT HIRIKYATANAHALLI VILLAGE, HUNSUR TALUK, MYSURU DISTRICT. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1, R2 - DEAD) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10826 CRL.P No. 15950 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF BNS IN CONNECTION WITH CR.NO.28/2024 (SC.NO.5016/2024) PENDING BEFORE THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, HUNSUR PUNISHABLE UNDER SECDTIONS 304, 302 OF IPC, REGISTERED IN HUNASUR RURAL POLICE STATION. 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 the sole accused under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.5016/2024 arising out of Crime No.28/2024 of Hunusuru Rural Police Station pending on the file of the learned VIII Additional District and Sessions Judge, sitting at Hunsur, registered for the offences punishable under Sections 302, 304 of IPC. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State. 3. The learned counsel for the petitioner would contend that there are no eyewitnesses to the incident and - 3 - HC-KAR NC: 2026:KHC:10826 CRL.P No. 15950 of 2025 that the case of the prosecution is based entirely on circumstantial evidence. CW1, who is the father of the petitioner and the complainant in the case, died within one week of filing the complaint and, therefore, could not be examined. The prosecution has already examined the material witnesses, and it has to now examine only three Investigating officers. The petitioner is in judicial custody since two years. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that the petitioner was last seen by CW17 near the spot and that the petitioner had also brought his father to the spot. The statement of the complainant who is the father the petitioner has been recorded under Section 164 of Cr.PC. The trial is in progress. If the petitioner is granted bail, he will flee from justice and not be available for further trial. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:10826 CRL.P No. 15950 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on the spot. 6. The allegation against the petitioner as per charge sheet is that he has committed murder of his sister/Dhanushree and committed culpable homicide of his mother/Anita. As per charge sheet, the petitioner took his sister and mother to a tank in order to kill his sister/deceased Dhanushree as she was loving a Mohammaden boy aged 19 years. The petitioner stated to have pushed the said Dhanushree in the tank, and at that time, the mother came to rescue, and she also fell in the tank. The petitioner stated to have taken Dhanushree inside the tank at a distance. The said Dhanushree held Anita and when petitioner was dragging Anita in order to save her, the deceased/Dhanushree also held the saree of Anita. On seeing the same, the petitioner also left his mother, and thereafter both drowned and died.There are no eyewitnesses to the incident and the case of the - 5 - HC-KAR NC: 2026:KHC:10826 CRL.P No. 15950 of 2025 prosecution is based on circumstantial evidence. The trial has been commenced and the material witnesses have been examined and the prosecution has to examine only the Investigating Officers. The petitioner is judicial custody since last two years and as the material witnesses are examined, there is no any threat by the petitioner to the prosecution witnesses. There are no criminal incidents of the petitioner. 7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER, i) The petition is allowed. ii) The petitioner is granted bail SC No.5016/2024 arising out of Crime No.28/2024 of Hunusuru Rural Police Station pending on the file of learned VIII Additional District and Sessions Judge, sitting at Hunsur, registered for the offences punishable under Sections 302, 304 of IPC subject to following conditions. - 6 - HC-KAR NC: 2026:KHC:10826 CRL.P No. 15950 of 2025 a) The 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 Trial Court. b) The petitioner shall not tamper the remaining prosecution witnesses. c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 42