NC: 2026:KHC:11239 CRL.P No. 15716 of 2025…
Regular bail granted in S.C.No.123/2023 on personal bond of Rs.1,00,000 with one surety; conditions against tampering with witnesses and attendance on all hearing dates.
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NC: 2026:KHC:11239 CRL.P No. 15716 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15716 OF 2025 (439(Cr.PC) / 483(BNSS))
BETWEEN:
S/O. LATE DODDAKARI NAIK AGED 48 YEARS, COOLIE R/O. HEGGADEGOWDA ESTATE COOLIE LINE SIDDAPURA VILLAGE, JAGARA HOBLI CHIKKAMAGALURU TALUK.
NATIVE AT BOMMASANDRA DONANAKATTE, KANAKATTE HOBLI ARSIKERE TALUK HASSAN DISTRICT-573 103.
…PETITIONER
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
(BY SRI CHETAN KUMAR, ADVOCATE AND SRI PADMANABHA J, ADVOCATE FOR SRI ABHISHEK K, ADVOCATE)
AND:
…RESPONDENT
(BY SRI MOHD. AYUB ALI, ADDL. SPP)
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C No.123/2023 ARISING OUT OF CRIME No. 49/ 2023 REGISTERED BY THE MALLANDUR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302 AND 201 OF THE IPC.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the sole accused under
Section 439 of Cr.P.C. praying to grant bail in S.C.No.123/2023 arising out of Crime No.49/2023 of Mallandur Police Station, pending on the file of Principal District and Sessions Judge, Chikkamagaluru, registered for offences under Section 302 and 201 of IPC.
learned Additional SPP for respondent/State.
there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. CW.6 even though is cited as eyewitness in the charge sheet,
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but he has only seen the petitioner and the deceased quarreling at 06.00 a.m. on 13.06.2023 and he has not seen the incident of petitioner assaulting the deceased. The alleged incident has taken place on 13.06.2023 and complaint has been filed on 19.06.2023 and there is a delay in filing the complaint. The corpus has not been recovered. The bones recovered have not been investigated to be that of the deceased. CW.9 and 10 are stated to be sons of the deceased, who had filed a missing complaint of the deceased on 06.03.2023. The petitioner is in judicial custody since 23.06.2023 and as the charge sheet is filed, he is not required for further custodial interrogation. As the case of the prosecution is based on circumstantial evidence, prosecution has to prove each of the circumstances. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition.
the petitioner with whom the deceased was residing since two months has quarreled with her on 13.06.2023 at
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06.00 a.m. and it has been seen by CW6 who pacified the quarrel. The petitioner subsequently on the same day has assaulted the deceased with stone and took her dead body by wrapping it in a blanket and took it to an agricultural land and burnt it. The bones were found on the said place.
The charge sheet material show prima-facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition.
HC-KAR
advised them not to quarrel again. Thereafter the petitioner stated to have assaulted the deceased with stone on her head due to which she died on the spot. The petitioner took the said dead body by wrapping in a blanket and took it to an agricultural land and burnt it there with the help of firewood and thereafter cleaned his house in order to vanish the evidence. The corpus of the deceased has not been recovered. What was recovered is the bones in the agricultural land bearing Sy.No.313. Whether the said bones recovered are of the deceased or not has not been investigated. CW.9 and CW.10 were stated to be the sons of the deceased and among them CW.9 had filed a missing complaint of the deceased on 06.03.2023 registered in Cr.No.51/2023 of Holehonnur Police Station.
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are sons of the deceased. The petitioner is in judicial custody since 23.06.2023 and as the charge sheet is filed, he is not required for further custodial interrogation. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at trial. There are no criminal antecedents of the petitioner.
ORDER
Petition is allowed. Petitioner is granted bail in S.C.No.123/2023 arising out of Crime No.49/2023 of Mallandur Police Station, pending on the file of Principal District and Sessions Judge, Chikkamagaluru, subject to following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the trial Court.
NC: 2026:KHC:11239 CRL.P No. 15716 of 2025
HC-KAR
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DKB
List No.: 1 Sl No.: 38 Ct.sm
1 issue framed by the court
Whether the accused in a murder case based on circumstantial evidence should be enlarged on regular bail.
3 provisions across 3 enactments
Nagaraja Naik
State of Karnataka by the Mallandur Police Station
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
