IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 12676 OF 2024 C/W CRIMINAL PETITION NO. 12873 OF 2024 IN CRIMINAL PETITION NO. 12676 OF 2024:

BETWEEN:

1. NAVEEN KUMAR S/O. LATE SHIVARAJAPPA, AGED ABOUT 28 YEARS, R/O. BOGIAHNA HUNDI VILLAGE, BEGUR HOBLI GUNDLUPET TALUK KOTEGERE CHAMARAJANAGAR-109 (NAME MENTIONED AS PER AADHAR CARD)

…PETITIONER Digitally signed by DEVIKA M (BY SRI. SUHAS T.L., ADVOCATE)

Location: HIGH COURT OF AND:

KARNATAKA

1. STATE OF KARNATAKA BY SARGUR P.S, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

…RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON REGULAR BAIL IN THE ABOVE CASE IN CR.NO.12/2022 REGISTERED BY SARAGUR P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 120(B) R/W 34 OF IPC.

IN CRIMINAL PETITION NO. 12873 OF 2024:

BETWEEN:

1 . NETHRAVATHI W/O LATE BASAVARAJU AGED ABOUT 27 YEARS RESIDING AT MULLURU VILLAGE SARGURU HOBLI, SARGUR TALUK, MYSORE-571 124.

…PETITIONER (BY SRI. RAJU C.N., ADVOCATE)

AND:

1 . STATE BY SARGUR POLICE, MYSORE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE – 560 001.

…RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.185/2024 ON THE FILE OF VIII ADDITIONAL DISTRICT AND SESSIONS COURT AT MYSORE, ARISING OUT OF CR.NO.12/2022 OF SARAGUR POLICE, MYSORE, FOR THE OFFENCES PUNISHBLE UNDER SECTIONS

302, 120(B) R/W 34 OF IPC, BY ALLOWING THIS PETITION.

THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

1. Heard the learned counsel for the petitioner and also the counsel appearing for the respondent-State in both the petitions.

2. These two petitions are filed by the accused Nos.1 and 2. The case of the prosecution is that the accused No.1 who is the wife of the deceased having illicit relationship with the accused No.2. When the same came to the notice of the deceased, he assaulted her and snatched her phone since accused No.1 was continuously chatting with the accused No.2 and the said fact is also informed to the other accused and he purchased one mobile phone and gave the same to the accused No.1 and accused Nos.1 and 2 were continued their acts. That on 21.01.2022 the deceased again noticed that accused Nos.1 and 2 were talking over the phone. The accused No.1 informed that other accused deceased had again snatched the phone which was given by him to accused No.1 and the deceased come to know about the illicit relationship between them. Hence, the accused No.1 called the other accused and planned to commit murder of the deceased husband and on the same day, came to Mullur village in the motorcycle and both the accused Nos.1 and other accused conspired with each other and when deceased came to the house around 9.30 pm and he was sleeping, accused Nos.1 and other accused sharing the common intention of committing the murder between 12.00 to 12.30 am committed the murder of the deceased by squeezing the testicles. Based on the complaint, Police have registered the case and investigated the matter and filed the charge sheet against both the accused.

3. This Court earlier rejected the bail petition of accused No.2 in Crl.P.No.4156/2022 vide order dated 23.06.2022 and also the other accused i.e., wife of the deceased was also approached this Court by filing Crl.P.No.3778/2022 and this Court vide order dated 14.06.2022 given permission to withdraw the petition on the ground that charge sheet is filed and liberty to approach the Trial Court. Now, both of them have filed the petitions before this Court. Both the counsel in respective petitions would submits that these two accused persons are in custody from 22.01.2022. The coun