Allowed¶36

Sri. R Rajanna v. the State of Karnataka

Karnataka HC7 Mar 2025CRL.P/1430/2025

Case brief

AI extract

What is this about?

Regular bail; S.483 BNSS; parity with co-accused (Crl.P.14124/2024); no criminal antecedents; murder conspiracy; Sections 103, 238, 3(5) BNS 2023 (cause title variant: 103(1), 238, 49 R/W 3(5)); Crime No.181/2024, Thalak PS, Chitradurga; Accused No.3 R. Rajanna; Sessions Court rejection Crl.Misc.No.8/2025 (17.01.2025); bond Rs.1,00,000/- with two sureties; decided 07.03.2025.

What did the court decide?

Regular bail: petitioner directed to be enlarged on bail in Crime No.181/2024 subject to (a) personal bond of Rs.1,00,000/- with two sureties for the likesum; (b) regular appearance on all hearing dates unless exempted; (c) no direct or indirect threatening/tampering with prosecution witnesses; (d) no involvement in similar offences; (e) no leaving the Trial Court's jurisdiction without permission until disposal of the case. ¶36

Sri. R Rajanna Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, Accused No.3 in Crime No.181/2024, is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Court's answer

Since Accused No.2 has been granted regular bail by this Court in Crl.P.14124/2024 and the petitioner has no other criminal antecedents, on the ground of parity the petitioner is also entitled to grant of regular bail.

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Ratio / Principle

The petition is allowed and the petitioner is directed to be enlarged on bail in Crime No.181/2024 subject to conditions, including execution of a personal bond of Rs.1,00,000/- with two sureties for the likesum.

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Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (CRL.P No.1430/2025, decided 07.03.2025, Hon'ble Mr. Justice S. Vishwajith Shetty). Regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted to R. Rajanna, Accused No.3 in Crime No.181/2024 of Thalak Police Station, Chitradurga District (charge sheet filed for offences under Sections 103, 238, 3(5) of the BNS, 2023 — murder of Raghavendra, allegedly strangled with wire after being drugged, said to have been conspired by Accused No.1 Divya, with whom the petitioner allegedly had an illicit relationship, along with Accused No.2, her uncle). Petitioner arrested on 04.10.2024; his bail application rejected by the jurisdictional Sessions Court in Crl.Misc.No.8/2025 on 17.01.2025. Bail allowed on the ground of parity, Accused No.2 having been granted regular bail in Crl.P.14124/2024, and as the petitioner has no other criminal antecedents. Conditions: personal bond of Rs.1,00,000/- with two sureties for the likesum; regular appearance before the Trial Court; no tampering with prosecution witnesses; no similar offences; no leaving Trial Court jurisdiction without permission.

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NC: 2025:KHC:9810 CRL.P No.1430/2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.1430/2025

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BETWEEN:

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SRI. R. RAJANNA S/O RANGAPPA AGED ABOUT 30 YEARS R/AT. GOLLARAHATTI YADALAGHATTE VILLAGE, TALAK HOBLI CHITRADURGA DISTRICT -577501.

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Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA

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(BY SRI. NANJA REDDY P.N. ADV.,)

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…PETITIONER

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AND:

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THE STATE OF KARNATAKA THALAK POLICE STATION CHITRADURGA DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU -560001.

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…RESPONDENT

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(BY SRI. K. NAGESHAWARAPPA, HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER BY DIRECTING THE RESPONDENT / THALAK POLICE TO RELEASE THE PETITIONER ON BAIL ARRESTED IN C.C NO.01/2025 (CR.NO.181/2024) PRL CIVIL JUDGE AND JMFC COURT, MOLAKALMURU, CHITRADURGA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 49 R/W 3(5) OF BHARATIYA NYAYA SANHITA 2023.

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2 - NC: 2025:KHC:9810 CRL.P No.1430/2025

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

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CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.3 in Crime No.181/2024 registered by

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Thalak Police Station, Chitradurga District, for the offences punishable under Sections 103, 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.181/2024 was registered by Thalak Police Station, Chitradurga District, for the aforesaid offences against Smt.Divya and two others on the basis of the first information dated 03.10.2024 received from Thippeswamy - brother of deceased Raghavendra. During the course of investigation, the petitioner herein, who is arrayed as accused No.3 in the FIR, was arrested on 04.10.2024 and subsequently, he

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3 - NC: 2025:KHC:9810 CRL.P No.1430/2025

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was remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against three persons. Petitioner is arrayed as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.8/2025 was rejected on 17.01.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that

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the case of the prosecution is based on circumstantial evidence. Accused No.2 has been granted regular bail by this Court in Crl.P.14124/2024. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP appearing for the respondent-State, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner.

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Perusal of the material on record would go to

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show that accused No.1 - Divya was having illicit relationship with petitioner herein and this was opposed by

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4 - NC: 2025:KHC:9810 CRL.P No.1430/2025

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her husband Raghavendra. Therefore, accused No.1 and petitioner herein decided to eliminate Raghavendra and for

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the said purpose they had sought the assistance of accused No.2, who is said to be the uncle of accused No.1. On 27.09.2024, accused Nos.1 & 2 had provided liquor to the deceased Raghavendra and accused No.1 allegedly mixed some tablets to the liquor that was being consumed by Raghavendra and as a result, he lost his consciousness. It is alleged that thereafter, accused Nos.1 & 2 had strangulated his neck with a wire and committed his murder.

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The allegation as against the petitioner is that he had conspired with accused No.1 to commit murder of Raghavendra. Accused No.2 has been granted regular bail by this Court in Crl.P.14124/2024. Petitioner has no other criminal antecedents. Under the circumstances, on the ground of parity, petitioner is also entitled for grant of regular bail. Accordingly, the following:

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5 - NC: 2025:KHC:9810 CRL.P No.1430/2025

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ORDER

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The petition is allowed . The petitioner is directed to be enlarged on bail in Crime No.181/2024 registered by

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Thalak Police Station, Chitradurga District, for the offences punishable under Sections 103, 238, 3(5) of the BNS, 2023, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the

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prosecution witnesses;

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6 - NC: 2025:KHC:9810 CRL.P No.1430/2025

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d) The petitioner shall not involve in similar

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offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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BSR List No.: 1 Sl No.: 59

Sri. R Rajanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. R Rajanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

Coram

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