CRL.P/3481/2026 of RAMAMURTHY Vs STATE OF KARNATAKA on 29 April 2026

ORAL ORDER

1. This criminal petition is filed by the petitioner who is arrayed as accused No.1 seeking regular bail in Crime No.384/2025 filed by the respondent – Police for the offences punishable under Section 103(1), 238 and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case:

2. The case of the prosecution is that accused No.2 is the wife of deceased Babu, child in conflict was the daughter of the deceased, the petitioner is the relative and

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he was in love with the child in conflict. The petitioner had requested both the deceased and accused No.2 that he would marry the child in conflict. Accused No.2 consented for the said proposal and informed the petitioner to wait till she completes 18 years.

3. It is further stated that the deceased was not happy about the said proposal and was quarreling with accused Nos.2 and the child in conflict. On 26.06.2025, around 11.00 pm, the deceased Babu came to the house after having consumed alcohol and took a knife which was kept in the kitchen and tried to assault both accused Nos.2 and 3. In the meantime, the petitioner interfered and tried to pacify the matter. However, the deceased started assaulting the petitioner, at that time, suddenly the petitioner took the machete and assaulted the deceased. Consequently, child in conflict also started assaulting the deceased with wooden stick usually kept in the kitchen. Consequently, the deceased died. Thereafter, it is alleged that all of them burnt the dead body in order to cause

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disappearance of the evidence. Hence, the complaint. Based on the complaint, the respondent-Police have conducted investigation and submitted charge sheet.

4. Heard Sri. Srinatha B.V., learned counsel for the petitioner and Sri. Channappa Erappa, learned High Court Government Pleader for respondent.

5. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences and he had no intention to commit the murder. However, due to sudden provocation and instigation, the petitioner had assaulted the deceased with a machete which was kept in the hall.

6. It is further submitted that on the given facts and circumstances of the case, the petitioner has not committed murder intentionally and moreover, the petitioner is aged about 22 years and he is a permanent resident of Malur Taluk. The petitioner will abide by the conditions to be imposed by this Court in the event of his

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release on bail. Making such submissions learned counsel for the petitioner prays to allow the petition.

7. Per Contra, learned High Court Government Pleader for respondent – State of Karnataka vehemently submitted that the petitioner was very much aware about the consequences and he has intentionally assaulted the deceased. The manner in which the deceased was killed and burnt, would be considered as inhuman and brutal. If the petitioner is enlarged on bail, it would give wrong message to the society. Therefore, it is not appropriate to grant the relief as prayed for. Making such submissions learned High Court Government Pleader for respondent – State of Karnataka prays to reject the petition.

8. Heard learned counsel for the respective parties and perused the averments of the charge-sheet. It appears from the record that the petitioner was willing to marry the child in conflict and informed the said proposal to both the deceased and accused No.2, who are the

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parents of the child in conflict. The accused No.2 being the mother of the child in conflict has consented for the said proposal. However, the deceased was unhappy about the same.

9. It appears from the record that the deceased was quarreling with accused Nos.2 and child in conflict on the said issue on several occasions. Such being the fact, it is alleged that on 26.06.2025, around 11.00 pm, the petitioner and others had committed murder of the deceased and burnt his body in order to cause disappearance of evidence.

10. Be that as it may. The averments of charge sheet would indicate that the deceased entered into the house after consuming alcohol and took a knife to commit murder of accused No.2 on the pretext that she had given consent for the marriage of her daughter without obtaining the concurrence. When the quarrel had taken place between the deceased and accused Nos.2 and child in

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conflict, suddenly the petitioner took machete and assaulted the deceased. Prima facie, it appears that the assault had taken place at a spur of moment.

11. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution.

12. Hence, I proceed to pass the following:

ORDER

i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.384/2025 filed by the respondent – Police for the offences punishable under Section 103(1), 238 and 190 of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with

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one (01) surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. v. The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

Sd/- (S RACHAIAH) JUDGE

NM