Siddappa Basavaraja Bennura v. The State of Karnataka by

NC:(2026:KHC:21114( CRL.P(No.(16907(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(10 (DAY(OF(APRIL,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(MOHAMMAD(NAWAZ(

CRIMINAL(PETITION(NO.(16907(OF(2025((

(

BETWEEN:(( ( SIDDAPPA,BASAVARAJA,BENNURA,

S/O,BASAVARAJA,,, AGED,ABOUT,28,YEARS,,, R/AT,NO.,721,,GROUND,FLOOR,,,

TH ST7 ,,B,MAIN,,HRBR,LAYOUT,,1 ,BLOCK,,, KALYAN,NAGAR,,, BENGALURU-,560,043,

, PERMANENTLY,R/AT:,, TAKKALAKI,VILLAGE,AND,POST,,,

BASAVANABAGEWADI,TALUK,,, VIJAYAPUR-,586,216., …PETITIONER,

, (BY,SRI.,HEMANTH,KUMAR,K.,,ADVOCATE), Digitally ,signedtiby LAKSHMI0T AND:( Location: High0Court ( of0Karnataka THE,STATE,OF,KARNATAKA,, BY,BANASWADI,POLICE,STATION,,, REP.,BY,STATE,PUBLIC,PROSECUTOR,,, HIGH,COURT,COMPLEX,,, BENGALURU-,560,001, …RESPONDENT, , (BY,SRI.,RAHUL,RAIK.K.,,HCGP), , , THIS, CRL.P, IS, FILED, U/S, 439, CR.PC, (FILED, U/S, 483, BNSS), PRAYING, TO, ENLARGE, THE, PETITIONER, ON, BAIL, IN, S.C.NO.1828/2023,(CRIME,NO.372/2023),REGISTERED,BY,THE,

BANASWADI POLICE/RESPONDENT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 OF INDIAN PENAL CODE, PENDING ON THE FILES OF HONBLE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER This is a successive bail petition preferred by the petitioner praying to enlarge him on bail in S.C.No.1828/2023 on the file of the Court of XLV Additional City Civil and Sessions Judge, Bangalore.

¶2The above case arises out of Crime No.372/2023 of Bansawadi Police Station, Bangalore City. Charge sheet is filed against the petitioner, sole accused, under Section 302 IPC.

¶3It is the case of the prosecution that the petitioner/accused married the deceased on 14.02.2023. On the night of 24.07.2023, the petitioner returned to his residence in an intoxicated state. The deceased initially refused to open the door, reprimanding him for having

consumed alcohol, but later permitted him to enter the house. After having dinner, the deceased declined to sleep with the petitioner. In the early hours of 25.07.2023, at about 3:00 a.m., when the petitioner approached the deceased, she resisted, leading to a quarrel. It is alleged that, the petitioner strangulated the deceased resulting in her death. Thereafter, with an intention to screen the offence, the petitioner attempted to give the incident a colour of suicide by tying a saree around the neck of the deceased and fastening it to a window grill. However, being unable to completely suspend the body, he left it in a partially hanging position and informed CW.8 over phone that the deceased had committed suicide. Subsequently, when CWs.5, 7 and 8 arrived and questioned him, the petitioner is stated to have admitted the act, and on their indicating that the matter would be reported to the police, he fled from the scene.

¶4Petitioner had approached this court in Crl.P.No.11356/2023 seeking similar prayer. The said

petition was dismissed on 23.01.2024, after considering the facts and circumstances of the case and the gravity of the offence and also the material against the petitioner.

¶5At this stage there are changed circumstances to once again consider the prayer of the petitioner for bail, except that the petitioner is in judicial custody from 26.07.2023. The incarceration undergone by the petitioner itself is not a ground to release him on bail, considering that he is facing trial for an offence punishable with death or imprisonment for life. No grounds are made to enlarge the petitioner on bail.

¶6The petitioner is at liberty to file fresh application for bail on any changed circumstances. Petition is dismissed.

Sd/- (MOHAMMAD NAWAZ) JUDGE

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