Criminal Petition No. 12308 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:11321 CRL.P No. 12308 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12308 OF 2024 BETWEEN: SRI SAMBHA SHIVA @ GUTTAMEEDA SHAMBA SHIVA, S/O GUTTAMEEDA LAKSHMAIAH, AGED ABOUT 36 YEARS, R/AT 1ST FLOOR, SY NO.1 24/7, BEHIND ANJANEYA TEMPLE, 7TH MAIN, HONGAANRA, BENGALURU - 560 068. PERMANENT RESIDENT OF BANDREVU VILLAGE, PEDAMANDEM MANDALAM ANNAMAYYA DISTRICT, ANDHRA PRADESH - 516 214. (NOW IN JUDICIAL CUSTODY) (BY SRI. SUNIL KUMAR S., ADVOCATE) AND:
Legal Reasoning
THE STATE OF KARNATAKA BY BOMMANAHALLI PS, BENGALURU CITY, REPRESENTED BY LD STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
Legal Reasoning
(BY SRI. VINAY MAHADEVAIAH., HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka …PETITIONER …RESPONDENT - 2 - NC: 2025:KHC:11321 CRL.P No. 12308 of 2024 THE PETITIONER ON REGULAR BAIL THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE IN CR.NO.1752/2024 REGISTERED BY THE BOMMANAHALLI P.S., NOW PENDING BEFORE THE LXXI ADDL. CITY CIVIL AND SESSIONS IN S.C.NO.999/2024 FOR THE OFFENCE P/US 302 OF IPC, ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT. BENGALURU CITY (CCH-72) JUDGE, 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 S.C.No.999/2024 pending before the Court of LXXI Additional City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.175/2024 registered by Bommanahalli Police Station, Bengaluru City, for the offence punishable under Section 302 of IPC is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.175/2024 was registered by Bommanahalli Police Station, Bengaluru City, for the offence punishable under Section 302 of IPC against the - 3 - NC: 2025:KHC:11321 CRL.P No. 12308 of 2024 petitioner herein based on the first information dated 06.05.2024 received from Smt.Rekha, who is friend of deceased Suma. 4. During the course of investigation of the case, petitioner herein was arrested on 07.05.2024 and subsequently remanded to judicial custody. Investigation of the case is now completed and chargesheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.8180/2024 was rejected on 19.10.2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner having reiterated the ground urged in this petition as prayed to allow this petition. 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the material on record would go to show that marriage of the petitioner with deceased Suma - 4 - NC: 2025:KHC:11321 CRL.P No. 12308 of 2024 was solemnised on 14.02.2013 and from the wedlock they have three children. It appears that Suma who used to go out of the house to work was regularly returning late to her house and therefore, petitioner started suspecting her fidelity. It is in this background, it appears that petitioner was regularly quarrelling with his wife Suma. Subsequently petitioner and his wife had shifted their house to Bommanahalli. On 05.05.2024, Suma @ Sumalatha, who had gone out of the house, had not returned till about 11:45 p.m., and therefore, petitioner had called her friend Chandrakala (C.W-12) and had abused her. It appears that at about 1:00 a.m. on 06.05.2024, Suma returned home and petitioner allegedly abused her and once again called C.W-12 and informed her that he had assaulted his wife. Since the petitioner felt that because of the conduct of his wife, his reputation was effected, he decided to eliminate her and between 1:30 a.m. to 2:20 a.m. on 06.05.2024, petitioner allegedly assaulted his wife with hands and while so assaulting, the head of the deceased dashed against the wall and she - 5 - NC: 2025:KHC:11321 CRL.P No. 12308 of 2024 suffered a head injury. Immediately thereafter, petitioner had left his house. On the next date the dead body of Suma was found in the house and her friend had approached the police and based on her first information FIR was registered against the petitioner in Crime No.175/2024. 8. Case of the prosecution is based on the circumstantial evidence and from the allegations found in the chargesheet, it is very clear that petitioner has not used any weapon to assault the deceased and on the other hand he had assaulted her only with his hands and accidentally her head had dashed against the wall and as a result she had suffered head injury. 9. Post-mortem report of the deceased would go to show that except one injury on her head, the deceased had suffered only contusion and abrasion injuries on her body which appears to be as a result assault made by the petitioner with his hands. Investigation of the case is completed and chargesheet has been filed. Petitioner is - 6 - NC: 2025:KHC:11321 CRL.P No. 12308 of 2024 required to take care of his three minor children. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.999/2024 pending before the Court of LXXI Additional City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.175/2024 registered by Bommanahalli Police Station, Bengaluru City, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 - 7 - NC: 2025:KHC:11321 CRL.P No. 12308 of 2024 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 leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 26