Sri. Kumar @ Kumarnaika Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

Sri. Kumar @ Kumarnaika Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

NC: 2025:KHC:49879 CRL.P No. 13984 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13984 OF 2025 (439(Cr.PC) / 483(BNSS))

BETWEEN:

SRI. KUMAR @ KUMARNAIKA S/O. NARASIMHANAIKA AGED ABOUT 55 YEARS

R/AT SIDDARAMAIAH STREET AMARANARAYANA BLOCK, MELUKOTE KANAKAPURA TOWN BENGALURU SOUTH DISTRICT.

ALSO R/AT KONALUDODDI VILLAGE HAROHALLI HOBLI, HAROHALLI TALUK BENGALURU SOUTH DISTRICT – 562 112.

…PETITIONER

(BY SRI ASHOKA T, ADVOCATE)

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

AND:

STATE OF KARNATAKA BY TAVAREKERE POLICE STATION RAMANAGARA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.

…RESPONDENT

(BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON

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BAIL IN CR.No.113/1992 OF THE RESPONDENT TAVAREKERE P.S. (PENDING IN C.C.No.214/1994) ON THE FILE OF THE PRL.CIVIL JUDGE AND J.M.F.C MAGADI, RAMANAGARA) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302 OF IPC.

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 accused No.2 under Section

483 of BNSS/Section 439 of Cr.P.C. praying to grant bail in Crime No.113/1992 of Tavarekere Police Station, pending in C.C.No.214/1994 on the file of Prl.Civil Judge and JMFC, Magadi, Ramanagara, registered for offence punishable under Section 302 of IPC.

Heard learned counsel for petitioner and learned HCGP for respondent/State.

Learned counsel for petitioner would contend that petitioner was not aware of the case registered against him, he has not received any notice etc. The case against accused No.1 has been acquitted by judgment dated 08.09.1999 in S.C.No.86/1994. The petitioner is in judicial

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HC-KAR

custody since 24.06.2025 and he undertakes to appear before the trial Court. With this, he prayed to allow the petition.

Per contra , learned HCGP would contend that the address of the petitioner as shown in the charge sheet and as shown in this petition are same. There is publication of proclamation in the same village. Inspite of that the petitioner has not appeared. The petitioner is relative of accused No.1. He was aware of the case registered against him also. The case registered against the petitioner is 31 years old. With this, she prayed to reject the petition.

Having heard the learned counsels, the Court has perused the materials placed on record.

The petitioner has been arrayed as accused No.2 in C.C.No.214/1993 registered for offence under Section 302 of IPC and it was pending on the file of Munsiff and JMFC, Magadi. The petitioner has not appeared in the said case and case against him has been split up and registered

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in C.C.No.214/1994. In the said case inspite of issuance of NBW, the petitioner has not been secured. The proclamation was issued and it was duly published. Inspite of publication of the proclamation, the petitioner has not appeared. The evidence of the witnesses have been recorded under Section 299 of Cr.P.C. Thereafter, case has been transferred to long pending register. The accused No.1 was daughter of petitioner's uncle and she faced trial in S.C.No.86/1994. The petitioner being close relative of accused No.1 is aware of the crime being registered against him and filing of the charge sheet. If the petitioner is granted bail, there are chances of him again absconding and not available for trial. Considering the said aspect, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 46 Ct.sm