Karnataka High Court
Veeresh vs The State Of Karnataka on 25 November, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:48574
CRL.P No. 12304 of 2025
C/W CRL.P No. 10636 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 12304 OF 2025
[(439(Cr.PC) / 483(BNSS)]
C/W
CRIMINAL PETITION NO. 10636 OF 2025
IN CRL.P No. 12304/2025
BETWEEN:
VEERESH
S/O. ERANNA,
AGED ABOUT 25 YEARS,
R/AT: KALMALA VILLAGE,
RAICHUR TALUK AND
DISTRICT - 584 101.
...PETITIONER
(BY SRI. SHIVSHANKER, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI AND:
Location: HIGH
COURT OF
KARNATAKA THE STATE OF KARNATAKA
BY SHO,
KADUGODI POLICE STATION,
BENGALURU,
REP. BY ITS STATE
PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. PUSHPALATHA B., ADDITIONAL SPP)
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NC: 2025:KHC:48574
CRL.P No. 12304 of 2025
C/W CRL.P No. 10636 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE ABOVE
PETITIONER IN CRIME NO.161/2020 OF REGISTERED
KADUGODI POLICE AND IN S.C.NO.30/2021 FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS 302, 397, 201,
120(B) READ WITH SECTION 34 OF IPC, PENDING BEFORE THE
IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT AT BENGALURU.
IN CRL.P NO. 10636/2025
BETWEEN:
SMT. CHAITRA,
W/O. VEERESH,
AGED ABOUT 24 YEARS,
R/AT: KALMALA VILLAGE,
RAICHUR TALUK AND DISTRICT - 584 101.
...PETITIONER
(BY SRI. SHIVSHANKER, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY SHO, KADUGODI POLICE STATION,
BENGALURU.
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. PUSHPALATHA B., ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER
SECTION 483 BNSS) CR.P.C PRAYING TO RELEASE THE ABOVE
PETITIONER IN CRIME NO.161/2020 REGISTERED BY
KADUGODI POLICE STATION AND IN S.C.NO.30/2021 FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 397,
201, 120(B) READ WITH SECTION 34 OF IPC, PENDING
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NC: 2025:KHC:48574
CRL.P No. 12304 of 2025
C/W CRL.P No. 10636 of 2025
HC-KAR
BEFORE THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT AT BENGALURU.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Crl.P No.12304/2025 is filed by accused No.1 and Crl.P No.10636/2025 is filed by accused No.2. Both the petitions are filed under Section 439 of Cr.PC praying to grant bail in Crime No.161/2020 of Kadugodi Police Station pending in SC No.30/2021 on the file of the of the learned 9th Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru registered for the offences punishable under Sections 302, 397, 201, 120B read with Section 34 of IPC.
2. Heard the learned counsel for petitioners and learned Additional State Public Prosecutor for respondent/State.
3. The learned counsel for the petitioners would contend that, in the complaint, it is stated that, there is a -4- NC: 2025:KHC:48574 CRL.P No. 12304 of 2025 C/W CRL.P No. 10636 of 2025 HC-KAR robbery of Rs.45,00,000/- and amount recovered is Rs.14.05,000/-. There are no eyewitnesses to the incident, and the case of prosecution is based on circumstantial evidence. The alleged incident has taken place on 12.08.2020, and arrest of petitioners has been made on 21.08.2020. The accused No.2 was pregnant as on the date of arrest, and subsequently she gave birth to a female baby in prison. She is not having any parents, and her marriage with accused No.1 was a love marriage. The trial is commenced. The prosecution has already examined the material witnesses. The charge has been framed on 07.11.2021. The petitioners are in judicial custody since the last five years. The learned counsel placing reliance on the judgment of the Hon'ble Apex Court in the case of Dr.Vinod Bhandari -vs- State of India in Crl.A No.220/2015 would contend that there is no prospects of conclusion of the trial, and the petitioners cannot be kept in custody for indefinite period. With this, he prayed to allow the petition.
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NC: 2025:KHC:48574 CRL.P No. 12304 of 2025 C/W CRL.P No. 10636 of 2025 HC-KAR
4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, accused No.1 is the husband of accused No.2. Both accused Nos.1 and 2 were tenants in the house of deceased and CW1. The murder has been committed for gain. The accused Nos.1 to 3 conspired to rob the cash and golden ornaments in the house of deceased. Accused No.3 was also residing in the house of accused Nos.1 and
2. The post mortem report indicates that deceased had sustained twenty injuries and the cause of death is injury to neck. There is a recovery of cash and gold ornaments at the instance of the petitioners. The petitioners have been identified by the witnesses in Test Identification Parade. The trial is already commenced and several witnesses are examined. The trial will be concluded within a reasonable period. With this, she prayed to reject the petition. -6-
NC: 2025:KHC:48574 CRL.P No. 12304 of 2025 C/W CRL.P No. 10636 of 2025 HC-KAR
5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record.
6. Accused Nos.1 and 2 were tenants in the house of deceased and CW1. Accused No.3 was a friend of accused No.2, and he used to come to the house of accused No.1, and used to stay in their house. The accused persons came to know through CW16 that CW1 is having lot of money in his house, and he has kept it in a trunk under a cot. In order to rob the said cash and ornaments, accused Nos.1 to 3 conspired on 12.08.2022 at about 10.30 a.m., CW1 went out of the house in his Activa bike. Accused Nos.1 to 3 entered the house of deceased, held her, assaulted her with a blade and knife and caused severe injuries, and robbed cash, ornaments and mobile phones. The injured succumbed to the injuries.
7. There is a recovery of total cash of Rs.19,18,337/- at the instance of petitioners and accused -7- NC: 2025:KHC:48574 CRL.P No. 12304 of 2025 C/W CRL.P No. 10636 of 2025 HC-KAR No.3. Bloodstains were also found on the clothes of the petitioners. The witnesses have identified the accused persons. The offences alleged against the petitioners are 302 and 397 of IPC, and are punishable with death or imprisonment for life. The offences alleged against the petitioners are heinous offence. In the decision which has been relied upon by the learned counsel for the petitioners, the accused persons were alleged to have committed the offences under Sections 420, 467, 468, 417 and 120B of IPC, and they are not punishable either with death or imprisonment for life.
8. Merely because, the accused No.2 is now lodged in jail along with her child is not a ground for grant of bail, since offences alleged against her is punishable with death or imprisonment for life.
9. The trial has already commenced and several witnesses are already examined. The prosecution has to examine other remaining witnesses. This Court in Crl. P -8- NC: 2025:KHC:48574 CRL.P No. 12304 of 2025 C/W CRL.P No. 10636 of 2025 HC-KAR No.8443/2021 by order dated 01.04.2022 while rejecting the bail petition of accused No.3, has directed the Trial Court to expedite the trial. Considering the same, the trial will be concluded shortly.
10. Considering the said aspects, the petitioners have not made out any grounds for grant of bail.
In the result, the following:
ORDER The petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 1