- 1 - NC: 2025:KHC:10070 CRL.P No. 470 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 470 OF 2025 BETWEEN: SHANTHOJI RAO @ SATHEESHA, AGED ABOUT 47 YEARS, R/O, CHANDANAHALLY VILLAGE, BIKKODU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 212. …PETITIONER (BY SRI.K.GOVINDARAJ, ADVOCATE FOR SRI. NEHRU P., ADVOCATE) AND: STATE BY SHO, AREHALLI POLICE STATION, HASSAN - 573 101. REPRESENTED BY SPP, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI.K.NAGESHWARAPPA., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT HIM BAIL, IN S.C.NO.38/2022 (ARISING OUT OF CR.NO.87/2022 OF AREHALLI P.S) FOR THE ALLEGED OFFENCES P/U/S 302 OF IPC, PENDING ON THE FILE OF THE LRD. III ADDL. DIST AND SESSIONS JUDGE, HASSAN, BY IMPOSING SUCH TERMS AND CONDITIONS, THAT THIS HONBLE COURT DEEMS FIR UNDER THE CIRCUMSTANCES OF THE CASE. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10070 CRL.P No. 470 of 2025 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 in S.C.No.38/2023 pending before the Court of III Additional District and Sessions Court, Hassan, arising out of Crime No.87/2022 registered by Arehalli Police Station, Hassan, for the offence punishable under Section 302 of IPC is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.87/2022 was registered by Arehalli Police Station, Hassan against petitioner herein for the aforesaid offences, based on the first information dated 13.10.2022 submitted by Madan Rao (C.W-1). 4. During the course of investigation of the case, petitioner herein was arrested on 15.10.2022 and subsequently, remanded to judicial custody. Bail application filed by the petitioner before the Trial Court was rejected and therefore he had approached this Court in Crl.P.No.4939/2023, which was dismissed as withdrawn with liberty to file a fresh petition after examination of C.W-1 and C.W-2 is completed - 3 - NC: 2025:KHC:10070 CRL.P No. 470 of 2025 before the Trail Court. Therefore, the petitioner is before this Court in this successive bail petition. 5. Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that C.W-1 and C.W- 2 have been as examined as P.W-1 and P.W-2 before the Trial Court. C.W-1 has turned hostile to the case of the prosecution, while C.W-2 has deposed supporting the case of the prosecution. He submits that evidence of C.W-2 suffers from inconsistency. Petitioner having no other criminal antecedents is in custody from 15.10.2022. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that C.W-1 and C.W-2 are the children of the petitioner and they had seen their father committing the crime. Petitioner has committed a heinous offence. Accordingly, he prays to dismiss this petition. 7. Allegation against the petitioner in the chargesheet is that he was residing with his wife deceased Prema and children i.e., C.W-1 and C.W-2 in his house at Chandanahalli Village, Bikkodu Hobli, Belur Taluk, Hassan District. His - 4 - NC: 2025:KHC:10070 CRL.P No. 470 of 2025 marriage with his wife was a love marriage. Petitioner allegedly was suspecting his wife and he used to quarrel with her regularly. On the intervening night of 12.10.2022 and 13.10.2022, petitioner allegedly had quarreled with his wife and at about 00.45 hours, he allegedly had assaulted his wife deceased Prema with a machete, when she was sleeping inside the house and had committed her murder. C.W-1 and C.W-2 are the alleged eye-witnesses to the incident in question. C.W-1 who was examined as P.W-1 has completely turned hostile to the case of the prosecution, while C.W-2 has supported the case of the prosecution. Petitioner aged about 47 years who has no other criminal antecedents is in custody from 15.10.2022. Out of the 26 chargesheet witnesses cited in the present case prosecution has till date examined only two chargesheet witnesses i.e., P.W-1 and P.W-2. Considering the aforesaid aspects of the matter and also considering the period of incarceration of the petitioner, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- - 5 - NC: 2025:KHC:10070 CRL.P No. 470 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.38/2023 pending before the Court of III Additional District and Sessions Court, Hassan, arising out of Crime No.87/2022 registered by Arehalli Police Station, Hassan, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute 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; - 6 - NC: 2025:KHC:10070 CRL.P No. 470 of 2025 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 KVR