Bail is declined when a trial is at an advanced stage (313 Cr.P.C.) to prevent potential hindrance to the judicial process, provided the trial court is directed to complete the case within a specified timeframe.

THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER ON BAIL IN THE ABOVE CASE IN CRIME NO.187/2024 FOR THE OFFENCE P/US/ 302,201 OF IPC OF MADANAYAKANAHALLI POLICE STATION WHICH IS PENDING IN THE S.C.NO.166/2024 ON THE FILE OF THE IX ADDL DISTRICT AND SESSIONS JUDGE, AT BENGALURU RURAL DISTRICT, BENGALURU.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused in S.C.No.166/2024 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.187/2024 registered by the Madanayakanahalli Police Station for offences punishable under Sections 302 and 201 of IPC, is before this Court in this petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

2. Heard the learned counsel appearing for the petitioner and Learned HCGP on behalf of the respondent.

3. FIR in Crime No.187/2024 was registered by the Madanayakanahalli Police Station for the aforesaid offences against unknown persons, after the death of an woman (unknown), which was found by the first informant, Narasimhamurthy.V.M. within the jurisdiction of Madanayakanahalli Police Station. During the course of investigation, the petitioner herein was arrested on 02.03.2024 and remanded to judicial custody. After completing the investigation, charge sheet has been filed against the accused for the aforesaid offences.

4. The bail application of the petitioner filed before the Sessions Court in S.C.No.166/2024 was rejected on 12.08.2025. Therefore, the petitioner is before this Court.

5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that entire case of the prosecution is based on circumstantial evidence. The petitioner is in custody for the last more than 2 years. Therefore, he prays to allow the petition.

6. Per contra, learned HCGP submits that the case before the Sessions Court is at the stage of recording the statement of victims under Section 313 of Cr.P.C. At this stage, if the petitioner is granted bail, the progress of the case is likely to be hindered. There are strong circumstances against the petitioner connecting him to the crime. Therefore, he prays to dismiss the petition.

7. Perusal of the material on record would go to show that the deceased Sharadamma @ Manjamma was the wife of the petitioner and from their wedlock, they have three children. Subsequently, petitioner started suspecting the character of his wife and he allegedly was quarreling with her in this background. On 28.02.2024, he had taken his wife Sharadamma along with him and assaulted her in an isolated place with a wooden club and has committed the aforesaid offence. Post mortem report of the deceased would go show that she had sustained as many as 16 injuries as a result of the assault and death is stated to be due to shock and hemorrhage.

8. It is brought to the notice of this Court that the case before the Sessions Court is now at the stage of recording the statement of victims under Section 313 of Cr.P.C. Therefore, as rightly contended by the learned HCGP, at this stage, if the petitioner is enlarged on bail, the progress of the case may be hindered in the event he does not cooperate with the Court.

9. Under the circumstances, if this petition is disposed of with a request to the Trial Court to dispose of the main case within a time frame, the same would serve the ends of justice. Accordingly, the following:

ORDER

Criminal petition is dismissed with a request to the Sessions Court to dispose of S.C.No.166/2024 on its merits as exp