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
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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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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.
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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
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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
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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
