The court granted bail due to lack of prior criminal record and prolonged potential trial duration, emphasizing the necessity for proper investigation.

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Accused in S.C.No.5015/2024 pending before the Court of Principal District and Sessions Judge, Dharwad, sitting at Hubballi arising out of Crime No.133/2023 registered by Kundgol Police Station, Dharwad for the offence punishable under Section 302 of Indian Penal Code is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS 2023) seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.133/2023 was registered by Kundgol Police Station, Dharwad for the aforesaid offence against the petitioner based on the first information dated 13.10.2023 received from Mannappa father of the deceased. During the course of investigation, petitioner was arrested on 17.10.2023. After completing investigation, charge sheet has been filed against him for the aforesaid offence. His bail application filed before the Jurisdictional Sessions Court in S.C.No.5015 of 2024 was rejected on

10.04.2025. Therefore, he is before this Court.

4. Perusal of the material on record would go to show that deceased Laxmi was married to one Sivaji. On 07.09.2023 she had come to her parents house and thereafter on 09.09.2023 she had left her parents house stating that she would be going to her husband's house. However, she had not reached her husband's house and therefore, on 10.10.2023, missing complaint was lodged by Mannappa and the same was registered by Kundgol Police station, Dharwad, in Crime No.131 of 2023. It appears that on 13.10.2023, Mannappa received the information that a lady was lying under the railway bridge in their village and immediately thereafter, he went there and found his daughter Laxmi and on enquiry, she informed him that she was in love with the petitioner and he had brought her to the said spot and had made her to consume some tablet. He has stated that at the said time his relative Chandrappa CW12 came to the spot and thereafter, they took Laxmi to the hospital for treatment and at about 01.55p.m. on 13.10.2023 Laxmi died in the hospital. It is under these circumstances, he had approached the police thereafter. 5. Perusal of the material on record would go to show that Laxmi lady was found missing from 09.09.2023 onwards. Subsequently, was found under a bridge on 13.10.2023. According to the prosecution, after her father Mannappa came to know about the same, he had went to the said spot and thereafter, he and his relative Chandrappa had taken Laxmi to the hospital for treatment. Medical records would go to show that Laxmi was admitted in the hospital at about 12.30 p.m. on 13.10.2023 by one Shankar, who is said to be her relative. His phone number is also mentioned in the medico legal information issued to the investigation officer. However, for the reasons best known to the prosecution, the statement of the aforesaid witness named Shankar has not been recorded by the prosecution during the course of investigation.

6. Material on record would also go to show that death of Laxmi is as a result of consuming pesticide used for the purpose of jawar crop. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, the petitioner has no criminal antecedent and he is in custody from 17.10.2023 onwards. Petitioner is a married man having family. The prosecution has cited 26 charges witnesses in the present case. Completion of trial and disposal of the case on merits therefore is likely to take substantial time.

7. Under these circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following:

ORDER i. Petition is allowed.

ii. The petitioner is directed to be enlarged on bail in S.C.No.5015/2024 pending before the Court of *V-Addl. District and Sessions Judge, Dharwad, sitting at