Criminal Petition No. 5494 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25222 CRL.P No. 5494 of 2025 C/W CRL.P No. 8133 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5494 OF 2025 C/W CRIMINAL PETITION NO. 8133 OF 2025 IN CRL.P No. 5494/2025 BETWEEN: MUNIYAPPA, S/O LATE DODDAVENKATAPPA, AGED ABOUT 54 YEARS, DOING AGRICULTURAL WORK, RESIDING AT HAROBANDE, MANCHANABELE, CHIKKABALAPURA DISTRICT. PERMANENT ADDRESS: VODDAHALLI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. Digitally signed by KAVYA R Location: High Court of Karnataka
Legal Reasoning
(BY SRI. KODANDARAME GOWDA V., ADVOCATE) …PETITIONER AND: THE STATE OF KARNATAKA, BY MALURU POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. - 2 - NC: 2025:KHC:25222 CRL.P No. 5494 of 2025 C/W CRL.P No. 8133 of 2025 HC-KAR …RESPONDENT (BY SMT.WAHEEDA N.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SC.NO.10/2025 BY THE MALUR POLICE STATION FOR THE O/P/U/S. 61(1), 103(1) R/W 3(5) BNS IN CRIME NO.246/2024 PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE AT KOLAR. IN CRL.P NO. 8133/2025 BETWEEN: SRI THIMMEGOWDA K T, S/O THIMMEGOWDA @ DODDANNA C/O ANNAMMA JORGE, AGED ABOUT 44 YEARS, RESIDING AT MALUR TOWN, NEAR RAILWAY STATION MALUR KOLAR DISTRICT. PERMANENT ADDRESS: R/AT KEMMALE VILLAGE, SATHNUR HOBLI AND POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT. (IN JUDICIAL CUSTODY) ...PETITIONER (BY SRI. KODANDARAME GOWDA V., ADVOCATE) AND: STATE OF KARNATAKA, BY MALURU POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, - 3 - NC: 2025:KHC:25222 CRL.P No. 5494 of 2025 C/W CRL.P No. 8133 of 2025 HC-KAR BENGALURU - 560 001. ...RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN S.C NO.10/2025 IN CR.NO.246/2024 PENDING ON THE FILE OF PRINCIPAL DIST. AND SESSIONS JUDGE, AT KOLAR FOR THE O/P/U/S 61(1), 103(1) R/W 3(5) BNS, MALUR P.S, KOLAR DISTRICT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in S.C.No.10/2025 pending before the Court of the Principal District and Sessions Judge, Kolar in Crime No.246/2024 registered by Malur Police Station, Kolar, for offences punishable under Sections 61(1), 103(1) read with Section 3(5) of BNS, 2023 are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.246/2024 was registered by Malur Police Station, Kolar, for the aforesaid offence - 4 - NC: 2025:KHC:25222 CRL.P No. 5494 of 2025 C/W CRL.P No. 8133 of 2025 HC-KAR against Thimmegowda and others, based on the first information dated 08.09.2024 received from Rajesha K.B., brother of deceased Lakshmi. 4. During the course of investigation of the case, petitioners herein were arrested on 12.09.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Bail application filed by the petitioners before the trial Court in S.C.No.10/2025 was rejected. Therefore, petitioners are before this Court. 5. Perusal of the material on record would go to show that after the dead body of the deceased Lakshmi was found on the morning of 07.09.2024, the first informant suspected foul play in the death of his sister. He had therefore approached the police and based on his first information, FIR was initially registered against Thimmegowda and others. - 5 - NC: 2025:KHC:25222 CRL.P No. 5494 of 2025 C/W CRL.P No. 8133 of 2025 HC-KAR 6. During the course of investigation of the case, accused Nos.1 and 2 were arrested on 12.09.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Allegations in the charge sheet is that CW.2/Anand, who was the husband of deceased Lakshmi had sold his property in the month of February, 2024 for a sum of Rs.1,05,00,000/- and accused No.1 was the mediator for the said sale transaction. It is further alleged that accused No.1 had borrowed money from CW-2 and thereafter, had not repaid the same. CW-2 and the deceased were therefore demanding repayment of the said money and on 06.09.2024 deceased had gone to meet accused No.1 and demand repayment of the money. 7. In the charge sheet it is alleged that accused No.1 and 2 took the deceased in a car bearing registration No.KA-07-N-7894 on the pretext of paying money to her and thereafter, had committed her murder by strangulating her neck. Subsequently, they had disposed - 6 - NC: 2025:KHC:25222 CRL.P No. 5494 of 2025 C/W CRL.P No. 8133 of 2025 HC-KAR of her dead body on the roadside. The entire case of the prosecution is based on circumstantial evidence. 8. It is not in dispute that petitioners herein do not have any criminal antecedents and they are said to be agriculturists by avocation. Trial in the case is yet to commence. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-
Decision
ORDER The petitions are allowed. The petitioners are directed to be enlarged on bail in S.C.No.10/2025 pending before the Court of the Principal District and Sessions Judge, Kolar in Crime No.246/2024 registered by Malur Police Station, Kolar, for offences punishable under Sections 61(1), 103(1) read with Section 3(5) of BNS, 2023, subject to the following conditions: - 7 - NC: 2025:KHC:25222 CRL.P No. 5494 of 2025 C/W CRL.P No. 8133 of 2025 HC-KAR a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR/List No.: 1 Sl No.: 44