- 1 - NC: 2025:KHC:9139 CRL.P No. 302 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 302 OF 2025 BETWEEN: 1. SRI DEVARAJ S/O NARASIMHAIAH AGED ABOUT 27 YEARS 2. SRI.MURALI S/O NARASIMHAIAH AGED ABOUT 22 YEARS, BOTH THE PETITIONERS ARE R/AT NAGADEVANAHALLI VILLAGE MASTHI HOBLI, MALUR TALUK, KOLAR-563130. …PETITIONERS (BY SRI.ABHILASH KUMAR M.N. FOR SRI.NANJUNDA GOWDA M R., ADVOCATE) AND: THE STATE OF KARNATAKA BY MASTHI POLICE STATION, MALUR TALUK, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU-560 001 …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THEM ON Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9139 CRL.P No. 302 of 2025 REGULAR BAIL IN S.C.NO.136/2024 (CR.NO.53/2024 OF MASTHI POLICE) NOW WHICH IS PENDING ON THE FILE OF 1ST ADDL.DISTRICT AND SESSIONS JUDGE AT KOLAR FOR THE OFFENCE P/U/S 302,307 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in S.C.No.136/2024 pending before the Court of I Additional District and Sessions Judge at Kolar, arising out of Crime No.53/2024, registered by the Masthi Police Station, Malur Taluk, Kolar for the offences punishable under Sections 302 and 307 read with Section 34 of IPC are before this Court under Section 483 of BNSS Act, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.53/2024 was registered by the Masthi Police Station, Malur Taluk, Kolar against Devaraj and 3 others for the aforesaid offences on the basis of the first information dated 11.03.2024 received from Anil Kumar S/o deceased Seenappa. During the course of - 3 - NC: 2025:KHC:9139 CRL.P No. 302 of 2025 investigation, accused No.1 – Devaraj was arrested on 12.03.2024 and accused No.2 – Murali was arrested on 18.03.2024. Investigation of the case was completed and charge sheet was filed against 4 persons. 4. Petitioners herein are arrayed as accused Nos.1 and 2 in the charge sheet. Their bail application filed before the Trial Court in S.C.No.136/2024 was rejected on 16.11.2024. Therefore, they are before this Court. 5. Learned counsel for the petitioners submits that petitioners do not have any criminal antecedents and they are in custody for the last more than one year. Accused Nos.3 and 4 are granted bail before this Court in Crl.P.No.9024/2024. The case before the Trial Court is still at the stage of framing charges. He accordingly prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition, submits that CW-1 to CW-5 and CW-17 are the eye witnesses to the incident - 4 - NC: 2025:KHC:9139 CRL.P No. 302 of 2025 in question. Accused persons had a strong motive against the deceased. In the event petitioners are enlarged on bail, they are likely to tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition. 7. Perusal of the first information would reveal that allegation of assaulting Seenappa with a Machete on 11.03.2024 is specifically found as against accused No.1 Devaraj. In the charge sheet, it is stated that on 11.03.2024 when accused Nos.1 and 2 were quarrelling with their father, CW-4 had gone there and at that time, accused No.1 Devaraj came out with Machete and abused CW-4 Abbaiah. The other accused persons also allegedly came to the spot at that time. CW-5 who came there allegedly called CW-11 over phone and he informed him about the fight that was taking place and asked him to bring Seenappa to the spot. Thereafter, Seenappa allegedly came to the spot and accused persons abused Seenappa on the ground that he had come to the spot to support CW-4 – Abbaiah and accused No.1 allegedly - 5 - NC: 2025:KHC:9139 CRL.P No. 302 of 2025 assaulted Seenappa on his head and neck with a Machete and Seenappa fell down. Accused Nos.2 and 3 also allegedly assaulted him with the Machete and accused No.4 allegedly assaulted Seenappa with a wooden stick. CW-1 and CW-2 who are the son and wife of the deceased Seenappa are the injured eye witnesses to the incident. The specific overt act of assaulting deceased Seenappa with machete was made by CW-1 in his first information only as against accused No.1 Devaraj. In the statement of CW-1 and CW-2 that was recorded under Section 164 of Cr.P.C., subsequently, omnibus allegations are made against all other accused persons about assaulting deceased Seenappa after he fell down as a result of the assault by accused No.1 on his head with the Machete. Though it is alleged that accused No.2 had assaulted deceased on his stomach with the Machete, the post mortem report would reveal that deceased had suffered stab injuries on his stomach. - 6 - NC: 2025:KHC:9139 CRL.P No. 302 of 2025 8. Considering the aforesaid discrepancies accused Nos.3 and 4 have been granted regular bail by this Court in Crl.P.No.9024/2024. 9. Accused No.2 aged about 22 years, has no other criminal antecedents and he is in custody for the last one year. Since there are specific allegations as against the petitioner No.1 and even corresponding injuries are found in the dead body of the deceased, I am of the opinion that his prayer for grant of regular bail cannot be entertained at this stage. 10. Accordingly, the following: ORDER Criminal petition is partly allowed. Criminal petition is dismissed as against accused No.1/petitioner No.1 with liberty to file a fresh application after examination of the alleged eye witnesses CW-1 to CW-5 and CW-17 is completed before the Trial Court. - 7 - NC: 2025:KHC:9139 CRL.P No. 302 of 2025 Criminal Petition is allowed insofar as it relates to the petitioner No.2/accused No.2. The petitioner No.2/accused No.2 is directed to be enlarged on bail in S.C.No.136/2024 pending before the Court of I Additional District and Sessions Judge at Kolar, arising out of Crime No.53/2024 registered by Masthi Police Station, Malur Taluk, Kolar for the offence punishable under Sections 302 and 307 read with Section 34 of IPC, subject to the following conditions: a) Petitioner No.2 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner No.2 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 No.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 8 - NC: 2025:KHC:9139 CRL.P No. 302 of 2025 d) The petitioner No.2 shall not involve in similar offences in future; e) The petitioner No.2 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 NC List No.: 1 Sl No.: 56