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Karnataka High Court
Lysram Hemba Singh vs The State Of Karnataka on 26 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:11908
CRL.P No. 16843 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. 16843 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. LYSRAM HEMBA SINGH
S/O POCHA SINGH
AGED ABOUT 22 YEARS
R/A KHANGA, BOK PART-1
SCHOOL, LAIKAI, KHANGA BOK
THOUBAL DISTRICT
MANIPUR - 795 138.
...PETITIONER
(BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
Digitally signed by
STATION HOUSE OFFICER
LAKSHMINARAYANA KADUGODY POLICE STATION
MURTHY RAJASHRI
Location: HIGH
BENGALURU CITY, REP. BY PUBLIC PROSECUTOR
COURT OF PRINCIPAL DISTRICT AND SESSIONS COURT
KARNATAKA
BANGALORE RURAL - 560 001.
...RESPONDENT
(BY SRI MOHD. AYUB ALI, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO PASS AN ORDER OF
GRANT OF REGULAR BAIL TO THE PETITIONER HEREIN IN
CONNECTION WITH CR.No.42/2019 DATED 13.02.2019, FOR
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CRL.P No. 16843 of 2025
HC-KAR
THE OFFENCE PUNISHABLE UNDER SECTIONS 302,376 OF IPC
PERTAINING TO KADUGODY P.S.
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 the sole accused under
Section 439 of Cr.P.C /Section 483 BNSS praying to grant
bail in Crime No.42/2019 of Kadugodi Police Station
registered for offences punishable under Sections 302, 376
IPC pending in S.C.No.169/2019 on the file of VI
Additional District and Sessions Judge, Bengaluru Rural
District, Bengaluru.
2. Heard learned counsel for the petitioner and
learned Additional SPP for the respondent -State.
3. Learned counsel for the petitioner would
contend that there are no eyewitnesses to the incident and
the case of the prosecution is based on circumstantial
evidence. The petitioner is in judicial custody since
15.02.2019 and even after 07 years the trial is not
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concluded. The police officers are not securing the
prosecution witnesses. The trial court has issued salary
attachment of the Police Inspector for not complying the
order of the Court and not executing process issued to the
witnesses. Out of 39 witnesses, only 04 witnesses are
examined. The FSL report does not connect this petitioner
to the alleged incident. With this, he prayed to allow the
petition.
4. Per contra, learned Additional SPP for the
respondent -State would contend that the mobile of the
deceased has been recovered from this petitioner. The
petitioner has been traced through the mobile of the
deceased as he was using it. The case involves murder
and rape of the deceased. The CCTV footage of the hotel
indicates that this petitioner alone entered the room and
came out of the room of the deceased. The offence alleged
against the petitioner is a heinous offence punishable with
death or imprisonment for life. With this, he prayed to
reject the petition.
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5. Having heard the learned counsels, 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 was staying in Prestige
Crest Hotel in Room No.701. The petitioner was working
as cleaning boy in housekeeping department in the said
hotel. He entered inside the room of the deceased under
the guise of giving laundry clothes to the deceased and in
order to have sex with the deceased, held the deceased
and when she screamed, held her nose and mouth tightly
and when she tried to escape, assaulted her with iron box
on her head, closed the room, held her nose, mouth, neck
tightly and made her to lie on the bed and deceased died.
Thereafter, the petitioner had sexual intercourse on the
deceased. There are no eyewitnesses to the incident and
the case of prosecution is based on circumstantial
evidence. The circumstances are that the mobile of
deceased has been seized from the petitioner, which he
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was using. The other circumstance is that CCTV footage
has been collected which indicate that this petitioner alone
entered the room of the deceased and came out. The
petitioner is in judicial custody since 15.02.2019. In the
charge sheet, there are 39 witnesses. Out of them, only 4
witnesses are examined. The order sheet of the trial Court
indicates that Police officials are not securing the
prosecution witnesses and salary attachment warrant of
Police Inspector has been ordered by the trial Court on
12.02.2026. There are no criminal antecedents of the
petitioner. The petitioner has undertaken to appear before
the trial Court on all dates of hearing and abide by any
conditions to be imposed by this Court.
7. Considering the above aspects, the petitioner has
made out case for grant of bail. In the result, the
following:
ORDER
The petition is allowed. The petitioner -accused is
granted bail in Crime No.42/2019 of Kadugodi Police
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Station, pending in S.C.No.169/2019 on the file of VI
Additional District and Sessions Judge, Bengaluru Rural
District, Bengaluru, subject to following conditions:
a) The petitioner -accused shall execute bail
bond for a sum of Rs.1,00,000/- with two
sureties for the like sum to the satisfaction
of the trial Court.
b) The petitioner -accused shall not tamper
the remaining prosecution witnesses either
directly or indirectly.
c) The petitioner -accused shall attend the
trial Court on all dates of hearing unless
exempted and co-operate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 27
