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Karnataka High Court
Mr Ajith Sha vs State Of Karnataka on 13 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:9006
CRL.P No. 17070 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17070 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
MR. AJITH SHA
S/O PRAHAD SHA
AGED ABOUT 30 YEARS
R/AT NEAR NISARGA COMFORT
3RD CROSS, NISARGA LAYOUT
HOSAKOTE
BENGALURU RURAL DISTRICT-
PERMANENT ADDRESS
R/AT BHANDARIDAYA VILLAGE
CHARAMPA POST
BHADRAK THANA DISTRICT
ODISSA, STATE-756 101
...PETITIONER
(BY SRI. G. RAKESH RAJ, ADVOCATE FOR
Digitally signed by SRI. KIRANKUMAR H.K, ADVOCATE)
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH AND:
COURT OF
KARNATAKA
STATE OF KARNATAKA
BY SHO KR PURAM PS
REPTD. BY GOVT. PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALORE-560 001
...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED UNDER SECTION 483 OF BNNS) PRAYING TO ENLARGE
-2-
NC: 2026:KHC:9006
CRL.P No. 17070 of 2025
HC-KAR
THE PETITIONER ON BAIL IN CR NO.661/2025 K.R.PURAM
POLICE STATION PENDING IN 29TH ADDL.CMM, COURT MAYO
HALL BANGALORE CITY FOR ALLEGED OFFENCES PUNISHABLE
UNDER SECTION 103 OF BNS AND ETC.
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 accused No. 2 under Section
483 of BNSS praying to grant bail in Crime No.661/2025 of
K.R.Puram police Station, registered for offences under
Section 103 of BNS.
2. Heard the learned counsel for petitioner and
learned HCGP for respondent/State.
3. Learned counsel for petitioner would contend that
the petitioner is the cousin of accused No.1. Even though
CW.3 to CW.5 are stated to be eyewitnesses in the charge
sheet, but on perusal of their statements, they are not
eyewitnesses. CW.5 stated to have seen one male and
female on the terrace on the date of incident. But no Test
Identification Parade has been conducted to identify those
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HC-KAR
male and female persons. There is no recovery from the
petitioner. The case of the prosecution is based on
circumstantial evidence and the prosecution has to prove
each of the circumstances at trial. The petitioner is in
judicial custody since 28.08.2025 and as the charge sheet
is filed, he is not required for further custodial
interrogation. With this he prayed to allow the petition.
4. Per contra, learned HCGP would contend that the
petitioner is cousin of accused No.1. The accused persons
conspired to kill the deceased as she was harassing
accused No.1. All the accused persons went to the house
of the deceased situated in the fifth floor and accused
Nos.2 and 3 were standing on the terrace and accused
No.1 went inside. Thereafter on receiving message from
accused No.1, accused Nos. 2 and 3 went inside the
house. All the three together committed the murder of the
deceased. The movements of the accused persons has
been recorded in the CCTV and footage has been collected.
The offence alleged against the petitioner is a heinous
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offence. The charge sheet material show prima-facie case
against the petitioner for the offence alleged against him.
With this, he prayed to reject the petition.
5. Having heard the learned counsels, the Court has
perused the charge sheet and other material placed on
record.
6. As per charge sheet, the case of the prosecution
is that accused No.1, even though he has married to
accused No.3, hiding it had married deceased and resided
with her for some time. Thereafter he left her and enraged
by that deceased started harassing him. Therefore,
accused Nos.1 to 3 planned to kill the deceased and they
went to the house of the deceased. Accused Nos. 2 and 3
were standing on the terrace and accused No.1 went
inside the house of the deceased and subsequently,
secured accused Nos.2 and 3 by sending message to them
and all the three persons pressed the neck, put the pillow
on her face and caused her death and made a scene that
she has committed suicide by hanging to a ceiling fan. The
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presence of accused Nos.2 and 3 on the terrace has been
noticed by CW.5, who has stated that she has seen one
male and one female on the terrace. As per case of the
prosecution itself, accused Nos.1 to 3 were wearing
helmet. It is submitted that the Test Identification Parade
has not been conducted. The case of the prosecution is
based on circumstantial evidence. Therefore, prosecution
has to prove each of the circumstances at trial. The
petitioner is in judicial custody since 28.08.2025 and as
the charge sheet is filed, he is not required for further
custodial interrogation. The apprehension of the
prosecution that the petitioner may flee from justice as he
is a resident of Odisha can be met with by imposing
stringent conditions.
7. Considering the above aspects, the petitioner has
made out case for grant of bail with conditions. In the
result, the following.
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ORDER
Petition is allowed. The petitioner is granted bail
in Crime No.661/2025 of K.R.Puram police Station,
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
jurisdictional Court.
(ii) Petitioner shall not tamper the prosecution
witnesses either directly or indirectly.
(iii) Petitioner shall attend the trial Court on all
dates of hearing unless exempted and
cooperate for speedy disposal of the case.
(iv) The petitioner shall produce his address
proof.
(v) The petitioner shall attend the jurisdictional
police Station on first Sunday of every
month till the case registered against him is
disposed of.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 43
