[Cites 4, Cited by 0]
Karnataka High Court
Shivarajkumar B C @ Shivaraju vs The State Of Karnataka on 26 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:12090
CRL.P No. 17250 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17250 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SHIVARAJKUMAR B.C. @
SHIVARAJU
AGED ABOUT 40 YEARS,
S/O. LATE CHANDREGOWDA B.S.,
R/A K.BEVINAHALLI,
DABBEGHATTA HOBLI, TURUVEKERE TALUK,
TUMKUR DISTRICT.
...PETITIONER
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY TURUVEKERE P.S.,
Digitally signed by REP. BY SPP,
LAKSHMINARAYANA HIGH COURT OF KARNATAKA,
MURTHY RAJASHRI
BANGALORE - 560 001.
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.94/2025 OF TURUVEKERE POLICE STATION,
PENDING ON THE FILE OF V ADDITIONAL DISTRICT AND
SESSIONS JUDGE, TUMAKURU (SITTING AT TIPTUR) IN
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NC: 2026:KHC:12090
CRL.P No. 17250 of 2025
HC-KAR
S.C.NO.10034/2025 FOR THE OFFENCES PUNISAHBLE UNDER
SECTIONS 103 AND 238 OF BNS, ACT.
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 sole accused under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Crime No.94/2025 of Turuvekere Police
Station, pending in S.C.No.10034/2025 on the file of V
Additional District and Sessions Judge, Tumakuru, sitting
at Tiptur, registered for offences punishable under
Sections 103 and 238 of Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
that, the entire case of prosecution is based on
circumstantial evidence. The petitioner is one of the son of
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the deceased and he was residing along with his wife and
children at Bengaluru since several years. The other son of
the deceased and who is the brother of this petitioner died
long ago. The petitioner when went to his village saw that
his father was lying there and blood was oozing from his
mouth and nose. In that regard, he made a phone call to
C.W.1 and informed the same and assuming that this
petitioner has caused the injury, a false complaint has
been filed against him. Now, three witnesses have been
examined. All the witnesses have not supported the case
of prosecution. As the case of the prosecution is based on
circumstantial evidence, the prosecution has to prove each
of the circumstances at trial. With these, he prayed to
allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the wire used
to strangulate the deceased has been seized at the
instance of this petitioner. The deceased died due to
asphyxia as a result of ligature strangulation as per P.M.
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report. The charge sheet materials show prima-facie case
against the petitioner for offences alleged against him.
With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. As per charge sheet, the case of the
prosecution is that the deceased who is the father of this
petitioner had sold the sites and got money and did not
give the money to the petitioner and therefore the
petitioner held the collar of the deceased and pushed him
on the cot and strangulated him with four feet wire and
caused his death and made a phone call to C.W.1 in order
to hide the evidence that his father had fallen and his
blood is oozing from mouth and nose. The entire case of
the prosecution is based on circumstantial evidence. One
of the circumstances is recovery of the said four feet wire.
As the case of the prosecution is based on circumstantial
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evidence, the prosecution has to prove each of the
circumstances at trial. The petitioner is in judicial custody
since 29.04.2025 and as the charge sheet is filed, he is
not required for further custodial interrogation. There are
no criminal antecedents of the petitioner.
7. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted bail in Crime No.94/2025 of Turuvekere Police
Station, pending in S.C.No.10034/2025 on the file of
V Additional District and Sessions Judge, Tumakuru, sitting
at Tiptur, subject to following conditions:
i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees
One Lakh only) with one surety for the
like-sum to the satisfaction of the trial
Court.
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ii) The petitioner shall not tamper the
remaining prosecution witnesses.
iii) The petitioner shall appear before the trial
Court on all dates of hearing unless
exempted by the Court and cooperate for
speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 39
