- 1 - NC: 2025:KHC:7487 CRL.P No. 457 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 457 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: RAKESH @ RAKI S/O. UMESH, AGED ABOUT 30 YEARS, R/AT: 7-12-1124/1, SULTAN BATTERI ROAD, BOLOOR, MANGALURU , D.K DISTRICT - 575 003. …PETITIONER (BY SRI. B. LETHIF, ADVOCATE) AND: THE STATE OF KARNATAKA BY BARKE POLICE STATION, D.K. DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.439 OF (FILED U/S.483 BNSS) CR.P.C. PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.44/2020 (S.C.NO.55/2021) OF BARKE POLICE STATION, D.K., DISTRICT FOR THE OFFENCE P/U/S 120(B), 109, 143, 147, 148, 504, 302, 201, 212 R/W SEC.149 OF ICP AND SEC.27(1) OF ARMS ACT PENDING ON THE FILE OF IV ADDL DISTRICT AND SESSIONS JUDGE D.K., MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:7487 CRL.P No. 457 of 2025 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL ORDER This criminal petition is filed by the petitioner - accused No.3 under Section 439 of Cr.P.C.(Old) under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (In short 'BNSS') (New) Act, for granting bail in Crime No.44/2020 (SC.No.55/2021), registered by the Barke police station, D.K. district and charge sheeted for the offence punishable under Section 120(b), 109, 143, 147, 148, 504, 302, 201, 212 R/w 149 of IPC and Section 27(1) of Arms Act. 2. Heard the arguments of learned counsel for the petitioner and HCGP for the respondent/state. 3. The case of the prosecution is that one Sahana the sister of the deceased lodged the complaint in the police station on 26.11.2020, alleging that some unknown person are committed murder. During the investigation the police have arrested this accused on 28.11.2020, and - 3 - NC: 2025:KHC:7487 CRL.P No. 457 of 2025 he was remanded for judicial custody. His bail petition came be rejected by the Trial Court, Hence, prayed for granting bail. 4. Learned counsel for the petitioner contended that the allegation against the petitioner is said to be assaulted the deceased with broken bear bottle and the same allegation was made against the another accused No.4 also, he has been granted bail by the co-ordinate bench. Even otherwise he is in custody from more than four years 2 months, the trial not yet concluded, there are 20 witnesses examined by prosecution, CW.18 and 19 were the eye witnesses, examined as P.W.1 and 3, they are turned hostile and not supported the prosecution case, trial is not yet concluded, it will take some more time, there is no material placed on record to prove the case. Hence, prayed for granting the bail. 5. Per contra learned HCGP objected the bail petition mainly on the ground that if he is granted bail, he may commit similar offences by tampering the prosecution - 4 - NC: 2025:KHC:7487 CRL.P No. 457 of 2025 witnesses and also prayed for rejecting the bail application. 6. Having heard the arguments and perused the records especially the order sheet, deposition filed by the learned counsel which reveals there are 20 witnesses examined by the prosecution, most of the witnesses turned hostile, especially the P.W.1 and 3 who are the eye witnesses, charge sheeted as C.W.18 and 19 they also turned hostile, nothing elicited from their mouth. The remaining witnesses are circumstantial witnesses, they are also not supported the prosecution case. The trial was fixed on 04.03.2025 still 35 witnesses are there to be examined by the Trial Court, most of the witnesses turned hostile and not supported the prosecution case, he is in custody for more than 4 years and co-accused already granted bail by the co-ordinate bench, who is having similar allegation. Therefore, by imposing certain conditions, if the bail is granted no prejudice would be caused to the case of the prosecution. - 5 - NC: 2025:KHC:7487 CRL.P No. 457 of 2025 7. Accordingly, criminal petition is allowed. The trial court is directed to release the petitioner/ accused No.3 on bail in crime No.44/2020 registered by the Barke police station, D.K. District, pending on the file of IV Additional District and Sessions Judge, D.K.Mangaluru, in SC.No.55/2021, subject to the following conditions; (i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Two Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer; (ii) Petitioner shall not indulge in similar offences strictly; (iii) He shall not leave the jurisdiction of this court without prior permissions. (iv) Petitioner shall take up the trial without causing any further delay. (v) He shall not tamper with the prosecution witnesses directly/ indirectly; - 6 - NC: 2025:KHC:7487 CRL.P No. 457 of 2025 (vi) He shall appear before the Investigating Officer once in a month on every 2nd of the Calendar month between 10.00 a.m. and 4.00 p.m., till disposal of the petition. . If any of the above conditions are violated, the prosecution is at liberty to move application for cancellation of this bail order. Sd/- (K.NATARAJAN) JUDGE SRK List No.: 2 Sl No.: 1 CT:SK