Dismissed¶¶60

Sri Krishnappa @ Kitta v. State of Karnataka

Karnataka HC18 Feb 2026CRL.P/15878/2025

Case brief

AI extract

What is this about?

NC: 2026:KHC:9840; CRL.P No. 15878 of 2025; High Court of Karnataka at Bengaluru; Justice Shivashankar Amaranannavar; decided 18.02.2026; regular bail rejected; murder of wife Sharada by husband and associate; Sections 103, 238, 3(5) BNS 2023; Crime No.149/2025 Electronic City Police Station; C.C.No.9322/2025 Chief Judicial Magistrate; eyewitness CW11; Test Identification Parade; blood-stained knives FSL report; cut throat injury; hemorrhagic shock; six external injuries post-mortem; offence punishable with death or life imprisonment; threat to prosecution witnesses; flight from justice; bail petition dismissed.

What did the court decide?

There is a prima facie case against the petitioners for the offences alleged, one of which is punishable with death or imprisonment for life. ¶¶57

Sri Krishnappa @ Kitta Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2026)

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NC: 2026:KHC:9840 CRL.P No. 15878 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 15878 OF 2025

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(439(Cr.PC) / 483(BNSS))

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BETWEEN:

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SRI KRISHNAPPA @ KITTA S/O NARAYANA SWAMY, AGED ABOUT 37 YEARS, R/AT YALLAMMAPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT, PIN - 561207.

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SRI SHIVA @ SHIVAPPA S/O CHIKKAMUNIYAPPA, AGED ABOUT 32 YEARS, R/AT BOYILURU VILLAGE, BALAMANDE POST, BANGARPET TALUK, KOLAR DISTRICT-563114.

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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(BY SRI. JAGADISH J R.,ADVOCATE)

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…PETITIONERS

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AND:

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STATE OF KARNATAKA BY SHO, ELECTRONIC CITY P.S., ELECTRONIC CITY SUB DIVISION, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001.

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…RESPONDENT

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(BY SMT.WAHEEDA M M, HCGP)

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NC: 2026:KHC:9840 CRL.P No. 15878 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CR.NO.149/2025 OF THE RESPONDENT P..S FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103, 238, 3(5) OF BNS 2023 WHICH IS NOW PENDING AS C.C.NO.9322/2025 BEFORE THE HONBLE CHIEF JUDICIAL MAGISTRATE.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused Nos.1 and 2 under Section 483 of Bharatiaya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.149/2025 of Electronic

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City Police Station registered for the offences punishable under Sections 103, 238, 3(5) of Bharatiya Nyay Sanhita, 2023.

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Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent/State.

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The learned counsel for the petitioners would contend that, the alleged incident occurred at around 7.00

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3 - NC: 2026:KHC:9840 CRL.P No. 15878 of 2025

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HC-KAR

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p.m. on 04.04.2025, and that the complaint was lodged on the same day at 11.45 p.m. It is further contended that the dead body has been shifted from the spot immediately. CW11, who is stated to be a witness to the incident, was stated to be present at the time of drawing spot mahazar. But the spot mahazar does not contain his signature. CW12 is another witness, who has seen the dead body at 07.30 p.m. on the spot, and he made a call to 112, and that itself is a first information. The order of arrest of the husband and his associate has been issued on 04.04.2025, and it is before recording the statement of eyewitness/CW11. The Call Detail Records do not tally with the location of the petitioners at the spot of the alleged incident. There were disputes between petitioner No. 1 and his wife, deceased Sharada. Only because of that, the petitioners have been falsely implicated. The petitioners are in judicial custody since 05.04.2025, and as charge sheet is filed, they are not required for further custodial interrogation. The petitioners are ready to abide by any

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NC: 2026:KHC:9840 CRL.P No. 15878 of 2025

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HC-KAR

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conditions to be imposed by this Court. With this, he prayed to allow the petition.

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Per contra , the learned High Court Government

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Pleader would contend that the incident was witnessed by CW11, who, in his statement, has specifically stated that two persons assaulted the deceased with a knife, which resulted in his death. CW11 has identified the petitioners as the two persons who assaulted the deceased in a Test Identification Parade. The petitioner No. 1/accused No.1 purchased two knives from CW23, and he has stated the same in his statement. CW24 is a bar owner, who has stated that accused Nos.1 and 2 together consumed alcohol at 11.45 a.m. on 04.04.2025. The said knives were recovered, and they are found to be blood stained in the FSL report. The post mortem report indicates that the deceased has sustained six external injuries, and cause of death is hemorrhagic shock as a result of cut throat injury.

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The charge sheet materials show a prima case against the petitioners for the offences alleged against the petitioners,

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NC: 2026:KHC:9840 CRL.P No. 15878 of 2025

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HC-KAR

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one of the offences alleged against the petitioners is punishable with death or imprisonment for life. If the petitioners are granted bail, there is threat to the prosecution witnesses. With this, she prayed to reject the petition.

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Having heard the learned counsel, the Court

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has perused the charge sheet and other materials placed on record.

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As per the charge sheet, the case of the prosecution is that petitioner No.1/accused No.1 married the deceased about 16 years ago, and they have a son aged about 15 years and a daughter aged about 9 years. Accused No.1 was addicted to alcohol and was not having any avocation, and he used to quarrel with the accused, suspecting her fidelity. The accused Nos.1 and 2 have planned to kill the deceased. After that, on 02.04.2025, accused No.1 has purchased two knives from the shop of CW23. That on 04.04.2024, accused Nos.1 and 2 went to

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6 - NC: 2026:KHC:9840 CRL.P No. 15878 of 2025

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HC-KAR

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the bar of CW24 and consumed alcohol. Thereafter, they kept watch over the movements of the deceased, and at about 7.00 to 7.30 p.m., when the deceased, after finishing her work in the apartment of CW28, was returning, accused Nos.1 and 2, each armed with a knife, assaulted her on the neck and stomach, thereby causing her death.

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CW11 is eyewitness to the incident. CW11 in his statement recorded on 05.04.2025 has stated specifically that two persons have assaulted with knife on the neck and stomach, and he has also stated their description. A Test Identification Parade was conducted, wherein CW11 identified accused Nos.1 and 2 as the two persons who assaulted the deceased with knives on her neck and stomach. The FSL report indicates that both the knives seized are blood-stained. The post mortem report indicates that the deceased sustained six external injuries and the doctor has opined that the cause of death is due

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NC: 2026:KHC:9840 CRL.P No. 15878 of 2025

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HC-KAR

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to hemorrhagic shock as a result of cut throat injury sustained.

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8. Considering the above aspects, there is a prima

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facie case against the petitioners for the offences alleged against them. One of the offences alleged is punishable with death or imprisonment for life. If the petitioners are granted bail, there are chances of they threatening the prosecution witnesses and flee from justice.

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9. Considering the above aspects, the petitioners

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have not made out any grounds for grant of bail.

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In the result, the petition is dismissed.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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BKM

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List No.: 1 Sl No.: 28