Shanthakumar Vs State of Karnataka

CR.NO.196/2024 OF KAMAKSHIPALYA P.S., NOW IN SC.NO.2/2025, FOR THE OFFENCES P/U/S 302 AND 201 OF IPC, PENDING BEFORE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-46).

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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 in S.C.No.2/2025 pending before the Court

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of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.196/2024 registered Kamakshipalya Police Station, Bengaluru City, for offences punishable under Sections 302 and 201 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.196/2024 was registered by Kamakshipalya Police Station, Bengaluru City, for the offence punishable under Section 302 of IPC against the petitioner herein based on the first information dated 07.05.2024 received from Shivakumar, who is the owner of the house in which deceased Divya was residing.

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During the course of investigation of the case petitioner herein was arrested on 08.05.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.360/2024 was rejected on 18^th February, 2025. Therefore, petitioner is before this Court.

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Learned Counsel for the petitioner submits that

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petitioner is a person without any criminal antecedents. Though C.W-12 to C.W-14 are the alleged eye-witnesses

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in the present case, petitioner was a stranger to them and prosecution has not conducted test identification parade in the present case. Accordingly, he prays to allow this petition.

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Per contra, learned HCGP has opposed the

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petition. She submits that C.W-12 to C.W-14 have clearly stated that they have seen the petitioner committing the

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NC: 2025:KHC:13648 CRL.P No. 3067 of 2025

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murder. He had a strong motive to commit the murder. Accordingly, she prays to dismiss this petition.

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Perusal of the averments found in the first information dated 07.05.2024 would go to show that first informant was informed by C.W-12-Jayamma about the murder of deceased Divya who was his tenant. It is in this background, first informant had approached the police on 07.05.2024 and since he suspected the hand of the petitioner, FIR was initially registered against the petitioner. During the course of investigation of the case, petitioner herein was arrested on 08.05.2024. The statement of the alleged eye-witnesses C.W-12 to C.W-14 was also recorded by the police on 08.05.2024.

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Perusal of the statement of the alleged

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eye-witnesses C.W-12 to C.W-14 would go to show that they had seen a person stabbing deceased Divya on the night of 07.05.2024. They have stated that they are in a position to identify the said person and they also have stated that they came to know that his name is

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Shanthakumar. Though, petitioner was arrested on 08.05.2024 itself, the prosecution for the reason best known to it has not conducted the test identification parade in the present case, inspite of the alleged eye-witnesses C.W-12 to C.W-14 stating that they are in position to identify the accused who had stabbed deceased Divya on the night of 07.05.2024. Petitioner having no other criminal antecedents is in custody from 08.05.2024.

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Perusal of the charge sheet allegation would go to show that deceased who was a married lady had left her husband and was residing separately along with her son C.W-9. It is alleged that petitioner and the deceased had illicit relationship and after the said relationship got strained, victim had shifted her residence and was staying in the rented premises belonging to first informant. Petitioner, who allegedly came in search of her, had assaulted her on 07.05.2024. Considering the nature of allegation found in the first information and also having regard to the fact that petitioner was not identified in the

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manner known to law by the alleged eye-witnesses to the incident, I am of the opinion that the prayer made by the petitioner who has no criminal antecedents for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.No.2/2025 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.196/2024 registered Kamakshipalya Police Station, Bengaluru City, for offences punishable under Sections 302 and 201 of IPC, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 prosecution witnesses;

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d) The petitioner shall not involve in similar 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/-

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(S VISHWAJITH SHETTY)

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JUDGE

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KVR

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List No.: 1 Sl No.: 77 CT: BHK

Shanthakumar v. State of Karnataka

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Shanthakumar v. State of Karnataka

Case brief

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