- 1 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7674 OF 2026 BETWEEN: MR. CHANDRAIAH DIWAKARAN SON OF SARANGAIAH CHANDRAIAH, AGED ABOUT 34 YEARS, C/O GOVARDHAN HOUSE, CHAMARAJAPET, CHIKKABALLAPURA-562104 …PETITIONER (BY SRI. KARTHIK B Y, ADVOCATE FOR SRI. HEMA KUMAR H V, ADVOCATE) AND: Digitally signed by THE STATE OF KARNATAKA NANDINI M S CHIKKABALLAPURA TOWN POLICE STATION, Location: REPRESENTED BY HCGPHIGH COURT OF HIGH COURT OF KARNATAKA, KARNATAKA BANGALORE-560001 …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER TO ENLARGE THE ACCUSED/PETITIONER ON REGULAR BAIL ON SUCH STRINGENT CONDITIONS AS THIS HONBLE COURT MAY DEEMS FIT AND PROPER, IN S.C NO.33/2024 PENDING ON THE FILE OF THE HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE AT - 2 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026 CHIKKABALLAPURA FOR THE OFFENCE PUNISHABLE U/S. 302 AND 201 OF IPC, IN CR.NO.10/2024 BY CHIKKABALLAPURA TOWN POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. Accused in S.C. No.33/2024 pending before the Court of I Additional District and Session Judge at Chikkaballapura arising out of Crime No.10/2024 registered by Chikkaballapura Town Police Station for offence punishable under Sections 302 and 201 of IPC, 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.10/2024 was registered by Chikkaballapura Town Police Station for the aforesaid offences against the petitioner herein based on the first information dated 10.02.2024 received from Sri Govardhan K.A., who is the owner of the house in which the dead body of deceased Smt.Deepa was found. In the said case, petitioner was arrested on 13.02.2024 and remanded to judicial custody. After - 3 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026 completing investigation, charge sheet has filed against petitioner for the aforesaid offences. His bail application filed before the trial Court in S.C.No.33/2024 was rejected on 17.03.2026. Therefore, he is before this Court.

4. Material on record, would go to show that the deceased Smt. Deepa was the daughter of Subbaiah Naidu and her marriage was performed with one Ramaswamy about 15 years prior to the date of registration of the FIR in the present case. From the said wedlock, she had two minor children and they were all residing in the house of Subbaiah Naidu. On 07.02.2024, Deepa, who had gone out of the house to bring vegetables, had not returned home and therefore on 08.02.2024, her father had approached the Police Station at Chikkaballapura and had filed a missing complaint. On 10.02.2024, dead body of Smt.Deepa was found in the rented premises belonging to the first informant, which was allegedly taken on rent by the petitioner and the deceased, who had represented to the first informant that they were husband and wife. It is under these circumstances, FIR was registered against the petitioner in Crime No.10/2024. - 4 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026

5. During the course of investigation, petitioner was arrested on 13.02.2024. In the charge sheet, which is filed against the petitioner, it is alleged that the deceased Deepa had illicit relationship with the petitioner and they had together represented to the first informant - CW1 that they were husband and wife and had taken the rented premises, in which the dead body of the deceased Deepa was found. On 07.02.2024, Deepa had come to the said house and requested the petitioner to pay her money for the purpose of paying her loan installments. When the petitioner had refused to pay money to deceased Deepa, they allegedly had quarreled with each other and thereafter, petitioner had committed her murder by stabbing with a knife. 6. The entire case of the prosecution is based on circumstantial evidence. It is not in dispute that the petitioner has no other criminal antecedents and he is in custody from 13.02.2024. Before the trial Court as on this date, 11 charge sheet witnesses have been examined as PWs.1 to 11. Submission made by learned counsel for the petitioner that material charge sheet witnesses have been already examined is - 5 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026

not seriously disputed by learned HCGP. Therefore, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses in the present case. Considering aforesaid aspects of the matter and also the period of petitioner's incarceration, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Hence, the following ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C. No.33/2024 pending before the Court of I Additional District and Session Judge at Chikkaballapura arising out of Crime No.10/2024 registered by Chikkaballapura Town Police Station for offence punishable under Sections 302 and 201 of IPC, 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, out of which, one shall be local surety, for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026 b) The petitioner shall appear regularly on all the date 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 78 16.07.26

- 1 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7674 OF 2026 BETWEEN: MR. CHANDRAIAH DIWAKARAN SON OF SARANGAIAH CHANDRAIAH, AGED ABOUT 34 YEARS, C/O GOVARDHAN HOUSE, CHAMARAJAPET, CHIKKABALLAPURA-562104 …PETITIONER (BY SRI. KARTHIK B Y, ADVOCATE FOR SRI. HEMA KUMAR H V, ADVOCATE) AND: Digitally signed by THE STATE OF KARNATAKA NANDINI M S CHIKKABALLAPURA TOWN POLICE STATION, Location: REPRESENTED BY HCGPHIGH COURT OF HIGH COURT OF KARNATAKA, KARNATAKA BANGALORE-560001 …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER TO ENLARGE THE ACCUSED/PETITIONER ON REGULAR BAIL ON SUCH STRINGENT CONDITIONS AS THIS HONBLE COURT MAY DEEMS FIT AND PROPER, IN S.C NO.33/2024 PENDING ON THE FILE OF THE HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE AT - 2 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026 CHIKKABALLAPURA FOR THE OFFENCE PUNISHABLE U/S. 302 AND 201 OF IPC, IN CR.NO.10/2024 BY CHIKKABALLAPURA TOWN POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. Accused in S.C. No.33/2024 pending before the Court of I Additional District and Session Judge at Chikkaballapura arising out of Crime No.10/2024 registered by Chikkaballapura Town Police Station for offence punishable under Sections 302 and 201 of IPC, 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.10/2024 was registered by Chikkaballapura Town Police Station for the aforesaid offences against the petitioner herein based on the first information dated 10.02.2024 received from Sri Govardhan K.A., who is the owner of the house in which the dead body of deceased Smt.Deepa was found. In the said case, petitioner was arrested on 13.02.2024 and remanded to judicial custody. After - 3 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026 completing investigation, charge sheet has filed against petitioner for the aforesaid offences. His bail application filed before the trial Court in S.C.No.33/2024 was rejected on 17.03.2026. Therefore, he is before this Court.

4. Material on record, would go to show that the deceased Smt. Deepa was the daughter of Subbaiah Naidu and her marriage was performed with one Ramaswamy about 15 years prior to the date of registration of the FIR in the present case. From the said wedlock, she had two minor children and they were all residing in the house of Subbaiah Naidu. On 07.02.2024, Deepa, who had gone out of the house to bring vegetables, had not returned home and therefore on 08.02.2024, her father had approached the Police Station at Chikkaballapura and had filed a missing complaint. On 10.02.2024, dead body of Smt.Deepa was found in the rented premises belonging to the first informant, which was allegedly taken on rent by the petitioner and the deceased, who had represented to the first informant that they were husband and wife. It is under these circumstances, FIR was registered against the petitioner in Crime No.10/2024. - 4 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026

5. During the course of investigation, petitioner was arrested on 13.02.2024. In the charge sheet, which is filed against the petitioner, it is alleged that the deceased Deepa had illicit relationship with the petitioner and they had together represented to the first informant - CW1 that they were husband and wife and had taken the rented premises, in which the dead body of the deceased Deepa was found. On 07.02.2024, Deepa had come to the said house and requested the petitioner to pay her money for the purpose of paying her loan installments. When the petitioner had refused to pay money to deceased Deepa, they allegedly had quarreled with each other and thereafter, petitioner had committed her murder by stabbing with a knife. 6. The entire case of the prosecution is based on circumstantial evidence. It is not in dispute that the petitioner has no other criminal antecedents and he is in custody from 13.02.2024. Before the trial Court as on this date, 11 charge sheet witnesses have been examined as PWs.1 to 11. Submission made by learned counsel for the petitioner that material charge sheet witnesses have been already examined is - 5 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026

not seriously disputed by learned HCGP. Therefore, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses in the present case. Considering aforesaid aspects of the matter and also the period of petitioner's incarceration, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Hence, the following ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C. No.33/2024 pending before the Court of I Additional District and Session Judge at Chikkaballapura arising out of Crime No.10/2024 registered by Chikkaballapura Town Police Station for offence punishable under Sections 302 and 201 of IPC, 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, out of which, one shall be local surety, for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2026:KHC:36474 CRL.P No. 7674 of 2026 CNR: KAHC010366572026 b) The petitioner shall appear regularly on all the date 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 78 16.07.26