Sri Praveen Nayak K a @ Praveen Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.42/2025 ARISING OUT OF CR.NO.22/2025 OF CHIKKABALLAPURA RURAL P.S., PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(2), 61(1)(b), 190, 238 OF BNS.

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

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The petitioner is accused No.1 seeking regular bail in SC.No.42/2025 pending on the file of the learned I Additional District and Sessions Judge, Chikkaballapura (Crime No.22/2025 of Chickballapura Rural Police Station) for the offences punishable under Sections 103(2), 61(1)(b), 238 and r/w 190 of Bharatiya Nyaya Sanhita, 2023.

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The allegation made in the charge sheet is that the elder brother of the complainant, namely, Subhash, was in love with CW.5, Indushree, hence, he married her without the consent of both the families. A child was born to them. Later,

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HC-KAR

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Subhash kept CW.5 in the house of his relative-Ramanjinappa at Rajaghatta for the purpose of bringing up his child. At that time, there was a dispute between Subhash and CW.5 in respect of illicit relationship of the said Subhash with another woman. Later, CW.5 had informed her younger brother-Manoj and requested him to advise Subhash. Accused No.3 had advised the said Subhash, who is his brother-in-law. However, it did not work out. Thereafter, it is alleged that CW.5 had informed accused Nos.1 and 2 to advise Subhash to be corrected her matrimonial life. Accordingly, on 02.01.2025, accused Nos.1 and 2 warned Subhash to take care of CW.5. Later, the said Subhash learnt that CW.5 was talking with accused Nos.1 and 2 and also they had cordial relationship with each other. The said Subhash was angry and he has given warning to accused Nos.1 and 2 that he would take away their lives.

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On 03.02.2025, accused Nos.1 and 2 discussed

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among themselves that it would be trouble for them if they leave Subhash alive. Then, they decided to commit his murder. It is alleged that they committed murder of the deceased with

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HC-KAR

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the help of other accused. A complaint came to be registered by the brother of the deceased before the respondent/police. The respondent/police have registered a case against seven members, after conducting the investigation, submitted the charge sheet.

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The learned Senior Counsel for the petitioner submits that the petitioner is arrayed as accused No.1 in the present case. It is contended that the entire case of the prosecution is based on circumstantial evidence. It is further submitted that the material witnesses, namely CWs.3 to 5, have given their statements which are contradictory in nature and there are several improvements and embellishments. The petitioner is innocent of the alleged offences and that there are no criminal antecedents against him. Therefore, he may be enlarged on bail by imposing suitable conditions. The petitioner will abide by the conditions in the event of his release on bail. Making such submissions, the learned Senior Counsel prays to allow the petition.

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Per contra , the learned High Court Government

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Pleader for the respondent/State vehemently submitted that

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HC-KAR

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the prosecution has clearly established the involvement of the present petitioner, who is arrayed as accused No.1. It is further contended that the petitioner had developed intimacy with CW.5, who is none other than the wife of the deceased, Subhash. It is further submitted that there were number of phone calls exchanged and also number of messages were sent each other.

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It is further submitted that the deceased-Subhash had seriously objected to the alleged involvement of CW.5 with the petitioner. There is clear motive for the murder. Therefore, it is not appropriate to grant him bail. Making such submission, he prays to reject the petition.

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Heard the learned counsel for the respective parties

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and perused the averments of the charge sheet.

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It appears from the record that CW.5, the wife of the deceased Subhash, had suspected that her husband was having an illicit relationship with another woman. In that regard, she is said to have informed her brother, who is arrayed as accused No.3 in the present case, and requested

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HC-KAR

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him to advise her husband to preserve the marital relationship. It is stated that accused No.3 had accordingly advised his brother-in-law to leave the alleged illicit relationship and to live with CW.5 happily. It is alleged that the deceased-Subhash, refused to mend his ways despite being advised. Thereafter, accused No.3 is stated to have introduced accused No.1 to his sister, CW.5. It is further alleged that CW.5 requested accused Nos.1 and 2 to mediate her husband-Subhash, to maintain a cordial marital relationship with her by discontinuing the alleged illicit relationship with another woman. In the said circumstances, it is alleged that accused Nos.1 and 2 developed intimacy with CW.5. The deceased-Subhash had learnt that his wife is having an affair with accused Nos.1 and 2. It is further alleged that the deceased warned accused Nos.1 and 2 that if they continued to remain in contact with his wife-CW.5, he would take away their lives.

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It is alleged that accused No.1 along with other accused had committed murder of the deceased-Subhash. However, on going through the averments of the charge sheet, the allegations are made against the present petitioner is that

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HC-KAR

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he had assaulted the deceased on the vital part of the body. However, the entire case is based on circumstantial evidence. Having considered the nature of injuries caused by him and also the gravity of the said offence, I am of the considered opinion that the petitioner has made out a case to grant him bail. Hence, I proceed to pass the following:

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ORDER

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i) The petition is allowed.

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ii) The petitioner is ordered to be enlarged on bail in SC.No.42/2025 pending on the file of the learned I Additional District and Sessions Judge, Chikkaballapura (Crime No.22/2025 of Chickballapura Rural Police Station) for the offences punishable under Sections 103(2), 61(1)(b), 238 r/w 190 of Bharatiya Nyaya Sanhita, 2023 on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.

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iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

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iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.

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v) The petitioner shall not involve in any criminal cases till disposal of the case.

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