Criminal Petition No. 3603 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19950 CRL.P No. 3603 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.3603 OF 2025 BETWEEN: SRI. ANANDAPPA S/O LATE HANUMAPPA, AGED ABOUT 45 YEARS, R/O PALYA VILLAGE, SRINIVASAPURA TALUK, KOLAR DISTRICT-563135 (BY SRI ABHILASH KUMAR.M.N FOR SRI NANJUNDA GOWDA.M.R, ADVOCATES) AND: …PETITIONER
Legal Reasoning
THE STATE OF KARNATAKA BY SRINIVASAPURA POLICE, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.AMBEDKER VEEDHI, BENGALURU-560 001
Legal Reasoning
(BY SRI RANGASWAMY.R, HCGP FOR RESPONDENT; SRI G.MANIVANNAN, ADVOCATE FOR DEFACTO COMPLAINANT) …RESPONDENT THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C No.30/2025 WHICH IS PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT KOLAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1) OF BHARATIYA NYAYA SANHITA-2023 IN CRIME No.330/2024, REGISTERED BY SRINIVASAPURA POLICE STATION. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:19950 CRL.P No. 3603 of 2025 HC-KAR 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 in Sessions Case No.30/2025 pending before the Prl. District and Sessions Judge, Kolar, arising out of Crime No.330/2024 registered by Srinivasapura Police Station, Mulbagal Sub Division, Kolar, for the offence punishable under Section 103 of the Bharatiya Nyaya Sanhita-2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita-2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader. 3. FIR in Crime No.330/2024 was registered by Srinivasapura Police, Kolar, against unknown persons initially for the offence punishable under Section 103 of the Bharatiya Nyaya Sanhita-2023, based on the first information dated 04.11.2024 received from Nagaraja, S/o late Narayanaswamy, who is the elder brother of deceased Roopa/victim. During the course of investigation of the case, petitioner herein was - 3 - NC: 2025:KHC:19950 CRL.P No. 3603 of 2025 HC-KAR arrested on 05.11.2024 and subsequently, remanded to judicial custody. Investigation has been completed and charge sheet has been filed. Bail application filed before the Trial Court in Crl.Misc.No.108/2025 was rejected on 15.02.2025 and therefore, petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is an agriculturist and he is in custody for the last more than seven months. The entire case of the prosecution is based on circumstantial evidence. The trial in the case is yet to commence. Petitioner shall abide by the conditions to be imposed by this Court. Accordingly, prays to enlarge the petitioner on bail. 5. Per contra, learned High Court Government Pleader and learned counsel for the de facto complainant oppose the petition. They submit that the relatives of the petitioner have been threatening the first informant and his relatives with dire consequences and therefore, there is threat to the material charge sheet witnesses. They also submit that in the event the petitioner is enlarged on bail, he may tamper the material witnesses and therefore, pray to dismiss the petition. - 4 - NC: 2025:KHC:19950 CRL.P No. 3603 of 2025 HC-KAR 6. The first information in the present case was registered against unknown persons, after the dead body of the deceased Roopa was found within the jurisdiction of Srinivasapura Police Station. During the course of investigation, petitioner was arrested on 05.11.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. 7. In the charge sheet it is alleged that petitioner was visiting the house of C.W.2- Sriramareddy who was the husband of deceased Roopa. During such visit he got acquainted with Roopa and it is alleged that said acquaintance developed into friendship and petitioner had certain financial transactions with deceased Roopa. It is further alleged that petitioner also had developed illicit relationship with Roopa. C.W.1 and C.W.2 after coming to know about the financial transaction of the petitioner with Roopa, allegedly had warned the petitioner and thereafter, Roopa was allegedly not speaking with the petitioner properly. On 04.11.2024, petitioner allegedly came to the place where Roopa was grazing the cows - 5 - NC: 2025:KHC:19950 CRL.P No. 3603 of 2025 HC-KAR and at about 1.30 pm, he allegedly quarreled with Roopa on the ground that she was not properly talking to him. It is further alleged that at about 2.30 pm, petitioner snatched the sickle from the hands of Roopa and all of a sudden assaulted her with sickle on the hind portion of the neck and other parts of the body and committed her murder. 8. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, petitioner aged about 45 years has no criminal antecedents and is an agriculturist by avocation. The material on record would also go to show that petitioner is a married person having family. The Trial in the case is yet to commence. Allegations found in the charge sheet are required to be proved in a full-fledged trial. The apprehension made against the petitioner may be taken care of by imposing suitable conditions. 9. Accordingly, the following:
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.330/2024 of Srinivasapura Police - 6 - NC: 2025:KHC:19950 CRL.P No. 3603 of 2025 HC-KAR Station registered for the offence punishable under Section 103 of the Bharatiya Nyaya Sanhita-2023, subject to the following conditions: a) 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; 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 enter the limits of Srinivasapura Taluk, Kolar District until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE kcm List No.: 1 Sl No.: 33