Basavaraj vs State Of Karnataka

Accused in SC No.625/2026 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.7/2026 registered by Bommanahalli Police Station, Bengaluru, for the offences punishable under Sections 109 and 103(1) of BNS 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.7/2026 was registered against the petitioner herein for the offence punishable under Section 109 of BNS, 2023, against the petitioner herein based on the first information dated 11.01.2026 received from Sandhya, daughter of deceased Sharadamma. In the said case, petitioner was arrested on 12.01.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he is before this Court.

Perusal of the material on record would go to show that petitioner, who got acquainted with the deceased had developed illicit relationship with her and he used to visit her. After the relatives of Sharadamma came to know about the said relationship, Sharadamma had decided not to continue the said relationship. Petitioner was allegedly forcing her to continue the relationship. However, Sharadamma had blocked his mobile phone number and was avoiding him. It is in this background, on 11.01.2026, petitioner had gone to the house of Sharadamma at about 04.00 p.m. when she was alone and after quarreling with her, had assaulted her with his hands. As a result, Sharadamma fell down and petitioner noticed that blood was oozing from her ears. Immediately thereafter, petitioner had telephoned CW9, who is his friend and also CW1 Sandhya, who is the daughter of Sharadamma and had informed them about incident and had asked their help to admit Sharadamma to a Hospital. Thereafter, CW1 came to the house of her mother and had shifted injured Sharadamma to the Hospital. Subsequently, FIR was registered in Crime No.7/2026 against the petitioner for the offence punishable under Section 109 of BNS, 2023. It appears that Sharadamma, who was admitted in St.John's Hospital had died on 12.01.2026 while undergoing treatment. It is under the circumstances, the offence punishable under Section 103 of BNS, 2023, was invoked in the present case.

Petitioner has not used any weapon to assault Sharadamma. Undisputedly, he had assaulted Sharadamma with his hands after they had quarreled with each other. As a result of the assault, Sharadamma had fallen down on the floor and immediately thereafter, petitioner had called CW9 and CW1 and had informed them about the incident that had taken place. He was in the house of Sharadamma till CW1 arrived and shifted Sharadamma to the Hospital. Therefore, I find some substance in the arguments of the learned counsel for the petitioner that petitioner had no intention or motive to commit the murder of Sharadamma. Petitioner, who has no other criminal antecedents is in custody for the last more than six months. Investigation of the case is already completed and charge sheet has been filed. Trial in the case is yet to commence. The case of the prosecution is based on circumstantial evidence. Accordingly, the following order:-

The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.625/2026 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.7/2026 registered by Bommanahalli Police Station, Bengaluru, for the offences punishable under Sections 109 and 103(1) of BNS 2023, subject to the following conditions: