Sri Anjaneya S S @ Swamy Vs State by… — Murder and Culpable Homicide | Karnataka HC (2026)

Sri Anjaneya S S @ Swamy Vs State by… — Murder and Culpable Homicide | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, arraigned as accused No.2 in SC No.148/2025 (arising out of Crime No.222/2025 of Ajjampura Police Station) for offences punishable under Sections 305, 103(1), 238 read with Section 3(5) of BNS, 2023, should be enlarged on regular bail under Section 483 of BNSS, 2023.

Court's answer

There is prima facie material against accused No.2 for having committed the charge-sheeted offences.

Ratio / Principle

This is not a fit case to grant regular bail to accused No.2 at this stage; accordingly, the petition is dismissed.

Detailed headnote1 paragraphs

Criminal petition under Section 483 of BNSS, 2023 seeking regular bail - Petitioner is accused No.2 in SC No.148/2025 (arising out of Crime No.222/2025 of Ajjampura Police Station, Chikkamagaluru) for offences punishable under Sections 305, 103(1), 238 read with Section 3(5) of BNS, 2023, pending before II Addl. District and Sessions Judge, Chikkamagaluru - Allegations: accused No.1 (daughter-in-law of deceased Deviramma) had an illicit relationship with accused No.2 (a driver); at his instance she stole gold jewellery weighing about 45.70 grams belonging to her mother-in-law over time and handed it to accused No.2, who pledged it in a bank in his name and in the name of CW24; presuming exposure upon discovery of the theft, both allegedly conspired to murder Deviramma; accused No.2 supplied Diazepam tablets which accused No.1 fed to the deceased regularly, and on 10.08.2025 fed 10 tablets mixed in food, following which the deceased vomited, was belatedly hospitalised and declared dead, and the body was cremated - FIR based on first information dated 20.08.2025 from Veena, daughter of the deceased; body exhumed; post mortem report indicates the deceased had consumed Diazepam tablets; stolen gold jewellery recovered from the finance/bank where pledged - Petitioner arrested on 21.08.2025; charge sheet filed against two persons; his bail application rejected by the Trial Court on 19.02.2026 - Accused No.1 still in judicial custody - Held: there is prima facie material against accused No.2; not a fit case to grant regular bail at this stage - Petition dismissed.

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NC: 2026:KHC:32429 CRL.P No. 6849 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JUNE, 2026 BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6849 OF 2026

BETWEEN:

SRI ANJANEYA S.S @ SWAMY S/O SATHISAPPA AGED ABOUT 30 YEARS R/AT SHIVANI VILLAGE AJJAMPURA TALUK CHIKKAMAGALUR KARNATAKA - 577 549. (NOW IN JUDICIAL CUSTODY)

…PETITIONER

(BY SRI HARISH KUMAR M.C, ADV.)

AND:

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

STATE BY AJJAMPURA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 560 001.

…RESPONDENT

(BY SRI VINAY MAHADEVAIAH, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SESSIONS CASE NO. 148/2025 (IN CRIME NO. 222/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 305, 103(1), 238 R-W 3(5) OF BNS., 2023 OF THE RESPONDENT AJJAMPURA POLICE STATION PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused No.2 in SC No.148/2025 pending before the Court of II Addl. District and Sessions Judge, Chikkamagaluru, arising out of Crime No.222/2025 registered by Ajjampura Police Station, Chikkamagaluru, for the offences punishable under Sections 305, 103(1), 238 read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.222/2025 was registered by Ajjampura Police Station, Chikkamagaluru, for the aforesaid offences against Smt. Ashwini and petitioner herein based on the first information dated 20.08.2025 received from Veena, daughter of deceased Smt. Deviramma. In the said case, petitioner herein was arrested on 21.08.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and the petitioner is arrayed as

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accused No.2 in the charge sheet. His bail application filed before the Trial Court in SC No.148/2025 was rejected on 19.02.2026. Therefore, he is before this Court.

4. First information in the present case was submitted by the daughter of deceased after she suspected hand of the accused persons in the death of her mother Deviramma. During the course of investigation, accused Nos.1 and 2 were arrested. Accused No.1 is the daughter-in-law of deceased Deviramma.

5. As per the charge sheet allegations, accused No.1 had developed illicit relationship with accused No.2, who is a driver by avocation. It appears that at the request of accused No.2, accused No.1 had committed theft of gold jewellery belonging to her mother-in-law over a period of time and had handed over gold jewellery weighing about 45.70 grams to accused No.2, who had in turn pledged the same in a bank in his name and also in the name of CW24. Accused Nos.1 and 2 presuming that in the event Deviramma comes to know about the theft committed by accused No.1, they would be in problem, allegedly conspired to commit her murder. As per the conspiracy, accused No.2 provided Diazepam tablets (sleeping

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tablets) to accused No.1, who in turn was feeding the same to her mother-in-law Deviramma regularly.

6. On 10.08.2025, accused No.1 had fed 10 Diazepam tablets to her mother-in-law after mixing the same in the food that was given to her. Devirammaa, who consumed the said food, started vomiting and thereafter accused Nos.1 and 2 belatedly shifted her to the Hospital where she was declared dead. Subsequently, accused Nos.1 and 2 and their relatives cremated the dead body of the Deviramma.

7. Since first informant suspected the cause of death of her mother, she had approached the police and after registration of FIR, dead body of the deceased was exhumed and the post mortem report of the deceased would go to show that deceased had consumed Diazepam tablets. The gold jewellery of the deceased which were stolen by accused No.1 and handed over to accused No.2 were recovered from the finance/bank in which accused No.2 had pledged the same. Therefore, there is a prima facie material as against accused No.2 for having committed the charge sheeted offences. Accused No.1, who is arrested in the present case is still in judicial custody. Under

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the circumstances, I am of the opinion that this is not a fit case to grant regular bail to accused No.2 at this stage. Accordingly,

the petition is dismissed .

Sd/(S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 71