- 1 - HC-KAR NC: 2026:KHC:15274 CRL.P No. 138 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 138 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI LOHITH G P AGED ABOUT 30 YEARS, S/O PARAMESHWARAPPA, R/A GADIHALLY POST, TARIKERE TALUK, CHICKMANGALORE DISTRICT-577228 …PETITIONER (BY SRI. MAHESH Y L.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOSADURGA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.202/2025 (IN CRIME NO.339/2025 REGISTERED BY HOSADURGA POLICE STATION) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 140(1), 103(1), 238, 61(2), 54 AND 249 READ WITH SECTION 190 OF BNS Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15274 CRL.P No. 138 of 2026 2023 PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE CHITRADURGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is arrayed as accused No.3 seeking for regular bail in Crime No.339/2025 of Hosadurga Police Station registered for the offences punishable under Sections 140(1), 103(1), 238, 61(2), 54 and 249 read with Section 190 of Bharatiya Nyaya Sanhita, 2023 pending in SC No.202/2025 on the file of the learned Principal District and Sessions Judge, Chitraduga. 2. The deceased was found missing before his death on 17.02.2025, and a complaint came to be filed on 20.07.2025. In the meantime, the dead body of the deceased was found on 22.02.2025, and UDR No.2/2025 had been registered. Thereafter, the father of the deceased filed a complaint on 20.07.2025. The FIR came to be registered against unknown persons. During the - 3 - HC-KAR NC: 2026:KHC:15274 CRL.P No. 138 of 2026 investigation, the names of this accused and others have been added on the strength of voluntary statement of accused No.1. As per the voluntary statement of Accused No.1 and the averments made in the charge sheet, it is indicated that Accused No.1 had an illicit relationship with Accused No.2. The deceased, Prasanna, who was the husband of Accused No.1, is stated to have frequently harassed and assaulted her. 3. It is further alleged that the deceased was in the habit of consuming alcohol daily. Being unable to tolerate the harassment and cruelty, accused No.1 left the matrimonial home and went to her parents’ house and started residing there. 4. It is further alleged that the deceased used to visit her house and frequently quarrel with her. Three complaints were lodged against the deceased - Prasanna. However, it did not materialise. Initially, it was alleged that he had been killed by an unknown person. However, the respondent police registered the case against all the - 4 - HC-KAR NC: 2026:KHC:15274 CRL.P No. 138 of 2026 accused, and after conducting the investigation, they submitted the charge sheet. 3. The submission of the learned counsel for the petitioner is that the entire prosecution case is based on circumstantial evidence. The other accused was standing on the same footing, and he has been enlarged on bail by the coordinate Bench of this Court. The overt act of the present petitioner is that he, along with others, strangulated the deceased with a towel and killed him. However, the other two accused have been enlarged on bail by this Court. The petitioner is also entitled to bail on the grounds of parity. 4. Per contra, the learned High Court Government Pleader for the respondent–police vehemently submitted that though the case is based on circumstantial evidence, there exists a strong motive and incriminating circumstances pointing towards the involvement of the - 5 - HC-KAR NC: 2026:KHC:15274 CRL.P No. 138 of 2026 present petitioner and the other accused. Hence, it is not appropriate to grant bail to the petitioner. 5. Heard the learned counsel for the respective parties and perused the averments of the charge sheet and the available on record. The other accused, who are similarly placed, have already been enlarged on bail by the coordinate Bench of this Court. It is also needless to state that the entire case rests on circumstantial evidence. Hence, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.339/2025 of Hosadurga Police Station registered for the offences punishable under Sections 140(1), 103(1), 238, 61(2), 54 and 249 read with Section 190 of Bharatiya Nyaya Sanhita, 2023 pending in SC No.202/2025 on the file of the - 6 - HC-KAR NC: 2026:KHC:15274 CRL.P No. 138 of 2026 learned Principal District and Sessions Judge, Chitraduga on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE bkm List No.: 1 Sl No.: 16