Aruna K Vs the State of Karnataka

ARUNA K S/O KRISHNEGOWDA AGED ABOUT 20 YEARS R/AT BEHIND BGS(SAV) SCHOOL NEW EXTENSION, BOMMANAHALLI BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 245.

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…PETITIONER

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(BY SRI K. RAVISHANKAR, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY SHO BHADRAVATHI PAPER TOWN POLICE STATION, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 302 AND ALSO THE OFFICE OF THE SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. RASHMI PATEL, HCGP)

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THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION AND CONSEQUENTLY ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL RELATION TO S.C.NO.5015/2025 (CRIME NO.139/2024) REGISTERED BY THE RESPONDENT BHADRAVATHI PAPER TOWN POLICE STATION FOR THE OFFENCE P/US/ 103(1),103,3(5),61(2)(a) OF BNS ACT 2023 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE SHIVAMOGGA SITTING AT BHADRAVATHI.

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NC: 2025:KHC:24542 CRL.P No. 8726/2025 C/W CRL.P Nos. 8775/2025, 8802/2025

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HC-KAR

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IN CRL.P NO. 8775/2025:

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BETWEEN:

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MAHANTHESHA @ MANTHA S/O OBALAPPA AGED 27 YEARS R/AT A.K. COLONY GONDHI VILLAGE HIRIYUR POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 302.

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...PETITIONER

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(BY SRI K. RAVISHANKAR, ADV.)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY SHO BHADRAVATHI PAPER TOWN POLICE STATION, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 302 AND ALSO THE OFFICE OF THE SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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...RESPONDENT

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(BY SMT. RASHMI PATEL, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN RELATION TO S.C.NO.5015/2025 (CRIME NO.139/2024) REGISTERED BY THE RESPONDENT BHADRAVATHI PAPER TOWN POLICE STATION FOR THE OFFENCES P/U/S. 103(1), 103, 3(5), 61(2)(a) OF BNS ACT 2023 PENDING ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI.

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IN CRL.P NO. 8802/2025:

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BETWEEN:

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SUDEEP P S/O PALANIVELU @ PYNIVELU AGED ABOUT 21 YEARS R/AT H. RANGAPURA, M.C. HALLI THARIKERE, CHIKKAMAGALURU

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NC: 2025:KHC:24542 CRL.P No. 8726/2025 C/W CRL.P Nos. 8775/2025, 8802/2025

HC-KAR

DISTRICT - 577 228.

...PETITIONER

(BY SRI K. RAVISHANKAR, ADV.)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY SHO BHADRAVATHI PAPER TOWN POLICE STATION, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 302 AND ALSO THE OFFICE OF THE SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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...RESPONDENT

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(BY SMT. RASHMI PATEL, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND CONSEQUENTLY ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN RELATION TO S.C NO.5015/2025 (CRIME NO.139/2024) REGISTERED BY THE RESPONDENT BHADRAVATHI PAPER TOWN POLICE STATION FOR THE OFFENCES P/U/S 103(1), 103, 3(50, 61(2)(a) OF BNS ACT 2023 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT, BHADRAVATHI.

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THESE PETITIONS, 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 Nos.1 to 3 in S.C.No.5015/2025 pending

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before the Court of IV Addl. District and Sessions Judge, Shivamogga (sitting at Bhadravathi) arising out of Crime.No.139/2024 registered by Paper Town Police Station, Shivamogga District for the offences punishable

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NC: 2025:KHC:24542 CRL.P No. 8726/2025 C/W CRL.P Nos. 8775/2025, 8802/2025

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HC-KAR

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under Sections 103(1), 61(2)(a) R/w 3(5) of BNS, 2023

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are before this Court in these three petitions filed under

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Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime.No.139/2024 was registered by

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Paper Town Police Station, Shivamogga District initially for the offence punishable under Section 103 R/w 3(5) of BNS, 2023 against the petitioners herein on the basis of first information dated 12.12.2024 submitted by Sri Krishna S/o Sundara. During the course of investigation, the petitioners herein who are arraigned as accused Nos.1

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to 3 in the FIR were arrested on 14.12.2024 and subsequently they were remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioners for the aforesaid offences.

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The bail application filed by the petitioners before the jurisdictional Sessions in S.C.No.5015/2025 was rejected. Therefore, they are before this Court.

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NC: 2025:KHC:24542 CRL.P No. 8726/2025 C/W CRL.P Nos. 8775/2025, 8802/2025

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HC-KAR

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Learned counsel appearing on behalf of the petitioners having reiterated the grounds urged in the petitions submits that entire case of the prosecution is based on circumstantial evidence. The petitioners do not have any criminal antecedents. FIR has been registered against accused based on the confession statement of accused No.2. Accordingly, he prays to allow the petitions.

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Per contra, the learned HCGP has opposed the bail application. She submits that there are sufficient materials to connect the petitioners to the alleged crime. Accordingly, she prays to dismiss the petitions.

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In the first information submitted by Sri Krishna S/o Sundar on 12.12.2024, he has stated that, on 12.12.2024 at about 11.30 a.m, accused No.2-Sudeep has confessed that he and other accused persons had committed the murder of Parashurama @ Ramesh, who was the brother-in-law of accused No.1. It is in this background, FIR was initially registered against Mahantesh and two others. During the course of investigation,

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NC: 2025:KHC:24542 CRL.P No. 8726/2025 C/W CRL.P Nos. 8775/2025, 8802/2025

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HC-KAR

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accused Nos.1 to 3 were arrested on 14.12.2024 and after completing investigation, charge sheet has been filed against them for the aforesaid offences.

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The entire case of the prosecution is based on circumstantial evidence. In the charge sheet it is alleged that, accused No.1, had a ill-will against the deceased Parashurama, who was the brother-in-law of accused No.1, for the reason that Parashurama was in a habit of abusing and assaulting his family members.

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In the charge sheet it is alleged that, accused No.1 also had an eye on the property of deceased and it is

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in this background, he allegedly had conspired with accused Nos.2 and 3 to commit the murder of his brotherin-law Parashurama. In furtherance of such conspiracy on 09.12.2024, accused Nos.2 and 3 allegedly had taken Parashurama along with them and made him consume alcohol and thereafter at about 8.30 p.m, they had committed his murder by strangulating his neck using a towel. Subsequently, they had disposed of the dead body

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NC: 2025:KHC:24542 CRL.P No. 8726/2025 C/W CRL.P Nos. 8775/2025, 8802/2025

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HC-KAR

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of deceased Parashurama into the water channel and had

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returned home.

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The postmortem of the dead body was

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performed in the present case on 13.12.2024 and accused persons were arrested in the present case on 14.12.2024. Therefore, it is very clear that, even before the accused were arrested, dead body of the deceased was found.

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The accused persons, who do not have any criminal antecedents are in custody for the last more than six months. The allegation found in the charge sheet is required to be proved in a full-fledged trial. The case against the petitioners is already committed to the sessions Court and now pending in S.C.No.5015/2025. Charges in the present case is yet to be framed and therefore chances of trial being completed and the case being disposed of in the near soon is very remote. Under these circumstances, without expressing any opinion on the merits/demerits of the case, the petitioners' prayer for grant of regular bail requires to be answered affirmatively.

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NC: 2025:KHC:24542 CRL.P No. 8726/2025 C/W CRL.P Nos. 8775/2025, 8802/2025

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HC-KAR

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Accordingly, the following:

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ORDER

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The Criminal Petitions are allowed .

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The petitioners are directed to be enlarged on bail in S.C.No.5015/2025 pending before the Court of IV Addl. District and Sessions Judge, Shivamogga (sitting at Bhadravathi) arising out of Crime.No.139/2024 registered by Paper Town Police Station, Shivamogga District for the offences punishable under Sections 103(1), 61(2)(a) R/w 3(5) of BNS, 2023, subject to the following conditions:

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a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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

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