Sri Prasad Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

Sri Prasad Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be enlarged on bail in S.C.No.68/2023 (arising out of Crime No.6/2023 of Mallandur Police Station, Chikmagaluru) subject to conditions: execution of personal bond of Rs.1,00,000/- with two sureties for the likesum; regular appearance before the Trial Court unless exempted; no direct or indirect threatening or tampering with prosecution witnesses; no involvement in similar offences; and not leaving the Trial Court's jurisdiction without its permission until disposal of the case.

Issue for consideration

Whether the petitioner, accused in S.C.No.68/2023 (arising out of Crime No.6/2023 of Mallandur Police Station, Chikmagaluru, for offences under Sections 504, 498(A) and 302 IPC), is entitled to be released on regular bail under Section 483 of BNSS, 2023.

Court's answer

The prayer for grant of regular bail is answered affirmatively; the petitioner is to be enlarged on bail in S.C.No.68/2023.

Ratio / Principle

Bail granted because the prosecution case rests entirely on circumstantial evidence, the petitioner has no other criminal antecedents, and he has been in custody for more than two years.

Key takeaways

Slow pace of trial weighed in favour of bail: of the 34 chargesheet witnesses cited by the prosecution, only 1 had been examined till date.ratio¶¶34

Detailed headnote1 paragraphs

Bail — regular bail under S. 483 BNSS, 2023 — accused in S.C.No.68/2023 before the Principal District and Sessions Judge, Chikmagaluru, arising out of Crime No.6/2023 of Mallandur Police Station for offences u/Ss. 504, 498(A), 302 IPC — alleged murder of wife Thenumouli on 30.01.2023 by assault with a wooden club and strangulation with a wire after she questioned the petitioner talking over mobile phone; marriage of about eight years (love marriage), one child — FIR dated 31.01.2023 on information of Veeramanikanta (brother of the deceased); petitioner arrested 01.02.2023, chargesheet filed; earlier bail application rejected by the Trial Court on 10.11.2023 — prosecution case entirely circumstantial; petitioner without criminal antecedents in custody over two years; of 34 chargesheet witnesses only 1 examined till date — petition allowed; bail granted subject to conditions including personal bond of Rs.1,00,000/- with two sureties, regular attendance before the Trial Court, no tampering with witnesses, no similar offences, and no departure from Trial Court jurisdiction without permission.

1 - NC: 2025:KHC:9562 CRL.P No. 737 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 737 OF 2025

BETWEEN:

SRI. PRASAD S/O DEVU, AGED ABOUT 30 YEARS, R/O COOLIE LINE OF LAXMANA GOWDA, SIDDAPURA VILLAGE, SUGUDUVANI, JAGARA HOBLI, CHIKMAGALURU TALUK, PATHIGUDDE, SAMSE, KALASA TALUK, CHIKMAGALURU DISTRICT.

…PETITIONER

(BY SRI. KUMARASWAMY B.N, ADVOCATE)

AND:

Digitally signed by KAVYA R Location: High Court of Karnataka

STATE OF KARNATAKA BY MALLANDUR POLICE STATION, CHIKMAGALURU, (REPRESENTED BY HCGP)

…RESPONDENT

(BY SRI. K. NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO DIRECT THE RELEASE OF THE PETITIONER ON REGULAR BAIL WHO IS IN CUSTODY FROM LAST 2 YEARS IN CONNECTION WITH THE SAID CASE OR PASS SUCH OTHER ORDER AS THIS HONBLE COURT MAY DEEM FIT.

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NC: 2025:KHC:9562 CRL.P No. 737 of 2025

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

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused in S.C.No.68/2023 pending before the Court of Principal District and Sessions Judge, Chikmagaluru arising out of Crime No.6/2023 registered by Mallandur Police Station, Chikmagaluru, for offences punishable under Sections 504, 498(A), 302 of IPC is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.6/2023 was registered by Mallandur Police Station, Chikmagaluru, initially for the offence punishable under Section 302 of IPC against the petitioner herein, on the basis of the first information dated 31.01.2023 received from Veeramanikanta, who is brother of the deceased Thenumouli.

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NC: 2025:KHC:9562 CRL.P No. 737 of 2025

During the course of investigation of the case, petitioner herein was arrested on 01.02.2023 and subsequently, remanded to judicial custody. After completing investigation, chargesheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in S.C.No.68/2023 was rejected on 10^th November, 2023. Therefore, petitioner is before this Court.

Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last more than two years. Case of the prosecution is based on circumstantial evidence. Petitioner has got a minor child to take care of. Accordingly, he prays to allow this petition.

Per contra, learned HCGP has opposed the petition. He submits that death has taken place in the house of the petitioner and he has to explain the same. There are circumstances connecting the petitioner to the crime. Accordingly, he prays to dismiss this petition.

4 - NC: 2025:KHC:9562 CRL.P No. 737 of 2025

Perusal of the material on record would go to

show that petitioner had married the deceased about eight years prior to the date of the alleged incident and the said marriage was a love marriage. From the wedlock, the couple have a child. It is alleged that the petitioner was found talking over mobile phone to a lady and when the same was questioned by his wife, petitioner allegedly used to abuse and assault her. Allegation in the chargesheet is that on 30.01.2023, when the deceased had questioned the petitioner who was found talking over mobile phone, the petitioner got enraged and assaulted her with a wooden club and as a result deceased fell down on the ground. Petitioner thereafter allegedly strangulated the neck of the deceased with a wire and committed her murder.

The entire case of the prosecution is based on circumstantial evidence. Petitioner having no other criminal antecedents is in custody for the last more than two years. The prosecution has cited 34 chargesheet

5 - NC: 2025:KHC:9562 CRL.P No. 737 of 2025

witnesses in the present case and till date only 1 chargesheet witness has been examined. Considering the aforesaid aspects of the matter, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-

ORDER

The petition is allowed .

The petitioner is directed to be enlarged on bail in S.C.No.68/2023 pending before the Court of Principal District and Sessions Judge, Chikmagaluru arising out of Crime No.6/2023 registered by Mallandur Police Station, Chikmagaluru, for offences punishable under Sections 504, 498(A), 302 of IPC, subject to the following conditions:

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;

6 - NC: 2025:KHC:9562 CRL.P No. 737 of 2025

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;

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

d) The petitioner shall not involve in similar offences in future;

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

Sd/(S VISHWAJITH SHETTY) JUDGE

KVR

List No.: 1 Sl No.: 50 CT: BHK