[Cites 6, Cited by 0]
Karnataka High Court
Sendil Kumar vs State By Konanakunte Police Station on 3 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5952
CRL.P No. 14628 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 14628 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SENDIL KUMAR
S/O. PERUMAL,
AGED ABOUT 39 YEARS,
R/AT NO.31, ANNANAGAR VILLAGE,
BOMMIKOPPAM POST,
TIRUPATTUR TALUK,
TAMILNADU - 635 601.
...PETITIONER
(BY SRI. HARI PRASAD N., ADVOCATE)
AND:
STATE BY KONANAKUNTE POLICE STATION,
BENGALURU CITY,
Digitally signed by
REPRESENTED BY STATE PUBLIC PROSECUTOR,
LAKSHMINARAYANA HIGH COURT BUILDING,
MURTHY RAJASHRI
Location: HIGH BANGALORE - 560 001.
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HIM ON
BAIL IN CRIME NO.100/2017 (S.C.NO.912/2017) FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 302, 326
AND 307 OF IPC ON THE FILE OF THE KONANAKUNTE POLICE
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NC: 2026:KHC:5952
CRL.P No. 14628 of 2025
HC-KAR
STATION, PENDING IN THE FILE OF XLV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU CITY.
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 483 of Bharatiya Nagrika Suraksha Sanhita, 2023
praying to grant bail in S.C.No.912/2017 (Crime
No.100/2017 of Konanakunte Police Station) pending on
the file of XLV Additional City Civil and Sessions Judge,
Bengaluru, registered for offences punishable under
Sections 498(A), 302, 3260 and 307 of Indian Penal Code.
2. Heard learned counsel for petitioner and
learned Additional State Public Prosecutor for respondent -
State.
3. Learned counsel for petitioner would contend
that, there was no any intention on the part of the
petitioner to commit murder of the deceased persons and
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caused injury to C.W.1 and C.W.2. The said incident has
taken place in a sudden provocation as C.W.1 - the wife of
this petitioner refused to come along with him to his
house. The petitioner is in judicial custody since last about
nine (9) years. The prosecution has examined all the
charge sheet witnesses and it is for the petitioner/accused
to cross-examine the prosecution witnesses. With these,
he prayed to allow the petition.
4. Per contra, learned Additional State Public
Prosecutor for respondent would contend that, the fact of
the petitioner buying the knife and assaulting mother-in-
law and father-in-law and killing them and also assaulting
C.W.1 and C.W.2 with the knife causing stab injury itself
indicates the intention of the petitioner that there are two
deaths and two injured persons. Two injured persons
namely C.W.1 and C.W.2 have sustained stab injuries on
their stomach. There are eye witnesses to the incident.
The complainant is the wife of the petitioner. The
prosecution has examined all the prosecution witnesses
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and it is for the petitioner to cross-examine the
prosecution witnesses. 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. The case of the prosecution is that the
petitioner has married C.W.1 about four (4) years prior to
the date of incident. As the petitioner was addicted to
alcohol and used to quarrel with C.W.1 for small issues
and giving physical and mental harassment, she came to
her parents' house about eight (8) months prior to the
date of incident and started residing with them. The
petitioner also came and started residing with them. On
03.03.2017 the petitioner has purchased knife from the
shop of C.W.6 and at about 08.30 p.m. came to the house
of the deceased persons and assaulted them. The
petitioner assaulted his mother-in-law - Smt. Murugamma
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and caused her death and also assaulted his father-in-law
- Sri. Kumar with a knife and caused his death. C.W.1 who
came to rescue the deceased persons, at that time he
assaulted her with a knife on her stomach. At that time,
C.W.2 came to rescue them and the petitioner assaulted
him with a knife on his stomach and caused severe
injuries. The case involves double murder and attempt to
murder of two persons namely C.W.1 and C.W.2. There
are eye witnesses to the incident. The prosecution has
examined all the prosecution witnesses and it is for the
petitioner/accused to cross-examine the prosecution
witnesses. It is submitted that, the petitioner's counsel has
not cross-examined the prosecution witnesses and his
present advocate has filed application seeking recall of
prosecution witnesses for cross-examination and it has
been allowed and the defence counsel has to
cross-examine prosecution witnesses. Considering the said
aspect, there is no delay on the part of the prosecution
and it is the petitioner who has caused delay in disposal of
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the case by not cross-examining the prosecution witnesses
and filing application seeking recall of prosecution
witnesses for cross-examination. Considering the said
aspects, there is a prima-facie case against the petitioner
for offences alleged against him. The offence alleged
against him is punishable with death or imprisonment for
life. If the petitioner is granted bail, he will flee from
justice.
7. Considering all the above aspects, the petitioner
has not made out any grounds for grant of bail. In the
result, the Criminal Petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 2
