Naveen @ Naveen vs State Of Karnataka

M.I. Arun, J

The bail petition is filed by the accused in S.C.No.15027/2025 (Crime No.180/2024) pending on the file of the V Additional District and Sessions Judge, Bengaluru Rural, Sitting at Devanahalli.

The petitioner is accused of an offence committed under Section 302 of IPC. On 06.05.2024 the wife of the accused died. On 07.05.2024, the sister of the accused (CW-2) gave a complaint to the respondent - Police, which reads as under:-

Pursuant to the complaint, the body of the deceased was sent to post mortem and subsequently, on 30.09.2024, the father of the deceased (CW-1) lodged the following complaint before the respondent - Police, which reads as under:-

Based on the complaint of CW-1, an FIR was registered on 30.09.2024. The petitioner/accused was arrested on 01.10.2024. The petitioner is in custody till date. The investigation is completed and the police report is filed on 24.10.2024.

The case of the petitioner is that he is not guilty of the offence alleged. It is further submitted that there are contradictions in the aforementioned two complaints. It is also submitted that as per the first complaint, the petitioner only slapped the deceased as she was not feeding the newborn child and the deceased got enraged and voluntarily harmed herself, which resulted in internal injuries and consequently, led to her death. It is contented that the second complaint is an afterthought and even that reveals that there was a cordial and good relationship between the accused and the deceased and that he only objected her drinking habits, which led to a physical altercation resulting in the death of the deceased. It is submitted that the petitioner never intended to cause the death of the deceased and he has not caused her death. It is also submitted that the investigation is completed, that the petitioner has co-operated with the investigation. Further, custodial interrogation is not required. It is also submitted that the petitioner will not tamper with the prosecution witness or try to influence them in any manner whatsoever or jump bail. It is also submitted that he will abide by any of the terms and conditions that may be imposed by this Court. It is also submitted that there are 23 prosecution witnesses and recording of the evidence before the trial Court has not yet commenced and that the trial is likely to take considerable time. For the aforementioned reasons, it is prayed that the petitioner may be enlarged on bail.

Per contra, learned HCGP appearing for the respondent - Police opposes the bail petition. He submits that the petitioner is accused of a heinous offence of murder and that he is likely to influence the prosecution witnesses, if released on bail. It is also submitted that there is prima facie material on record against the petitioner to show that he is guilty of the offence alleged. It is also submitted that in the event of petitioner being released on bail, he may jump bail. For the said reasons, it is prayed that the bail petition be rejected.

Though the petitioner is accused of committing the heinous offence of murder, there are contradictions in the two complaints received by the police. Even otherwise, the facts in the complaint do not reveal that it was a premeditated murder. There was an altercation between the husband and wife with regard to feeding the new-born child, which resulted in injuries to the wife and consequently, she died. Whether she was responsible for the injuries herself or the petitioner caused the same, is a matter of trial. Further, the investigation is already completed and the police report is filed. The petitioner has been in custody since 01.10.2024. Admittedly, he has no other criminal antecedents. Further, there is no requirement for custodial interrogation of the petitioner. Under the given peculiar facts and circumstances of the case, I am of the opinion that it is a fit case to grant bail to the petitioner, subject to certain conditions being imposed on him. Hence the following:-

ORDER

The criminal petition is allowed.

The petitioner/accused is ordered to be released on bail in Crime No.180/2024 of Vijayapura Police Station, Bengaluru for the offence punishable under Section 302 of IPC (S.C.No.15027/2025 pending on the file of V Additional District and Sessions Judge, Bengaluru Rural, Sitting at Devanahalli), subject to the following conditions:-

i. Petitioner - accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the trial Court / Committal Court;

ii. Petitioner shall not indulge in any other offences; iii. Petitioner shall not tamper with the prosecution witnesses directly / indirectly;

iv. Petitioner shall not leave the jurisdiction without prior permission of the trial Court, and

v. Petitioner shall mark his attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday or till completion of the trial.