IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13200 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI BABU R S/O LATE RAJAPPA AGED ABOUT 32 YEARS R/AT.RACHAMANAHALLI VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU RURAL DISTRICT - 562 106.

…PETITIONER (BY SRI NARAYANASWAMY K N, ADVOCATE)

AND:

Digitally signed by LAKSHMINARAY ANA MURTHY RAJASHRI 1. THE STATE OF KARNATAKA Locatio n: HIGH ATTIBELE POLICE STATION COURT OF KARNA TAKA REP. BY-STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU – 560 001.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF BNS 2023 IN S.C.No.5076/2025 (CRIME No.102/2025) IN ATTIBELE POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 103(1) OF BNS 2023 PENDING ON THE FILE OF THE HON’BLE III ADDL. DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT SITTING AT ANEKAL AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the petitioner –accused under Section 483 of BNSS praying to grant bail in S.C.No.5076/2025 pending on the file of the III Additional District and Sessions Judge, Bengaluru Rural sitting at Anekal arising out of Crime No.102/2025 of Attibele Police Station in registered for the offence under Section 103(1)

of BNS, 2023.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

3. Learned counsel for the petitioner would contend that the deceased was wife of the petitioner and there were differences between them and as deceased was having affair with another person. They entered into an agreement on 12.03.2025 and deceased decided to go along with her lover. Therefore she was not residing with the petitioner. The deceased also left her two minor children with the petitioner. The petitioner earlier had filed a missing complaint of the deceased on 27.01.2025. The charge sheet is filed. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is having two minor children to look after along with the aged mother. With these, he prays to allow the petition and grant bail to the petitioner –accused.

4. Per contra, learned High Court Government Pleader for the respondent –State would content that at the time of drawing spot mahazar, the wooden stick/spoon has been recovered and it was blood stained. The statement of witnesses indicates that the petitioner used to quarrel with the deceased and assault her on the ground that she is having affair with some other person.

The offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life.

With these, he prayed to reject the petition.

5. Having heard learned counsels, this Court has perused charge sheet records and other materials placed on record.

6. As per charge sheet, the accusation against the petitioner is that the deceased was his first wife and she had two children. The petitioner used to quarrel with the deceased as she is having affair with somebody and used to assault her. On 16.03.2025, the petitioner stated to have assaulted the deceased with wooden stick/spoon and did not take her to hospital and on the next day she was found dead in the place where she was sleeping. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. There is a recovery of wooden stick/spoon at the time of drawing mahazar in the house of the petitioner and it is found to be blood stained. The consent agreement dated

12.03.2025 between petitioner and the deceased indicate that the de