Praveen Francis Mendonsa v. The State

ORDER

(i) Criminal petition is allowed.

(ii) The petitioner is directed to be enlarged on bail in S.C.No.27 of 2026 pending before the Court of Principal District & Sessions Judge, Udupi arising out of Crime No.33 of 2026 registered by Kapu Police Station, Udupi District for offences punishable under Sections 103(1), 238 R/w Section 3(5) of BNS, 2023, subject to the following conditions: a) The petitioner 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 jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/- (S VISHWAJITH SHETTY) JUDGE

NMS List No.: 1 Sl No.: 89

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12615 OF 2026 BETWEEN: 1. PRAVEEN FRANCIS MENDONSA AGED ABOUT 40 YEARS S/O THOMAS MENDONSA ARABI KANARADI MANIPURA VILLAGE MARNE POST, UDUPI DISTRICT - 576 120. …PETITIONER (BY SRI SHETTY DEEPAK, ADV.) AND: 1. THE STATE BY KAPU POLICE STATION UDUPI, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BANGALORE - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.27/2026 (CRIME NO.33/2026 OF KAPU POLICE STATION UDUPI) REGISTERED FOR OFFENCES P/U/S 103(1), 238 R/W 3(5) OF BNS PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, UDUPI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA ORAL ORDER 1. Accused no.2 in S.C.No.27 of 2026 pending before the Court of Principal District & Sessions Judge, Udupi arising out of Crime No.33 of 2026 registered by Kapu Police Station, Udupi District for offences punishable under Sections 103(1), 238 R/w Section 3(5) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.33 of 2026 was registered by Kapu Police Station, Udupi District initially for offences punishable under Section 106(1) R/w Section 3(5) of BNS, 2023 based on first information dated 10.03.2026 received from Smt. Sangeeta, daughter of deceased Smt. Vanaja Poojarthi. During the course of investigation of the said case, petitioner was arrested on 14.03.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons and petitioner is arrayed as accused no.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in S.C..No.27 of 2026 was rejected on 24.07.2026. Therefore, he is before this Court. 4. Material on record would go to show that, on 09.03.2026 at about 05.20 p.m, the deceased Vanaja Poojarthi, accused nos.1 and 2 together came in a autorikshaw to the house of accused no.1. At about 06.45 p.m. on the same day, accused no.1 found accused no.2 in a compromising position with Vanaja Poojarthi. Therefore, accused no.1 abused accused no.2 and also assaulted him with a knife. Accused no.2 thereafter managed to escape from the house of accused no.1. Subsequently, accused no.1 assaulted Vanaja Poojarthi with a very same knife and committed her murder. Allegation against accused No.2 is that thereafter, he came to the house of accused no.1 and he along with accused no.1 shifted the dead body outside the house and also cleaned the house of accused no.1. It is under these circumstances, offences punishable under Section 238 R/w Section 3(5) of BNS, 2023 has been invoked in the charge sheet against the petitioner in the present case. 5. Allegation of assaulting the deceased Vanaja Poojarthi with a knife and committing her murder is found in the charge sheet only as against accused No.1 and he has been arrested and remanded to judicial custody. Under the circumstances, the following:-