[Cites 5, Cited by 0]
Karnataka High Court
Sri Krishnappa @ Kitta vs State Of Karnataka on 18 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 15878 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15878 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. SRI KRISHNAPPA @ KITTA
S/O NARAYANA SWAMY,
AGED ABOUT 37 YEARS,
R/AT YALLAMMAPALLI VILLAGE,
BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT,
PIN - 561207.
2. SRI SHIVA @ SHIVAPPA
S/O CHIKKAMUNIYAPPA,
AGED ABOUT 32 YEARS,
R/AT BOYILURU VILLAGE,
BALAMANDE POST,
BANGARPET TALUK,
KOLAR DISTRICT-563114.
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI ...PETITIONERS
Location: HIGH (BY SRI. JAGADISH J R.,ADVOCATE)
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA
BY SHO, ELECTRONIC CITY P.S.,
ELECTRONIC CITY SUB DIVISION,
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
BENGALURU-560001.
...RESPONDENT
(BY SMT.WAHEEDA M M, HCGP)
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NC: 2026:KHC:9840
CRL.P No. 15878 of 2025
HC-KAR
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.
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 Nos.1 and 2 under
Section 483 of Bharatiaya Nagarik Suraksha Sanhita, 2023
praying to grant bail in Crime No.149/2025 of Electronic
City Police Station registered for the offences punishable
under Sections 103, 238, 3(5) of Bharatiya Nyay Sanhita,
2023.
2. Heard the learned counsel for petitioners and
the learned High Court Government Pleader for
respondent/State.
3. The learned counsel for the petitioners would
contend that, the alleged incident occurred at around 7.00
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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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conditions to be imposed by this Court. With this, he
prayed to allow the petition.
4. Per contra, the learned High Court Government
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.
The charge sheet materials show a prima case against the
petitioners for the offences alleged against the petitioners,
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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.
5. Having heard the learned counsel, the Court
has perused the charge sheet and other materials placed
on record.
6. 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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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.
7. 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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to hemorrhagic shock as a result of cut throat injury
sustained.
8. Considering the above aspects, there is a prima
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.
9. Considering the above aspects, the petitioners
have not made out any grounds for grant of bail.
In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 1 Sl No.: 28
