- 1 - HC-KAR NC: 2025:KHC:19949 CRL.P No. 921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.921 OF 2025 BETWEEN: HEMANNA M @ HEMANTH KUMAR S/O MURTHY, AGED ABOUT 25 YEARS, R/AT NO. 161, 3RD CROSS, HEMANNA LAY-OUT, SHRINIVASAPURA, KOGILU LAY-OUT, YELAHANKA, BANGALORE-560064. …PETITIONER (BY SRI HARISH KUMAR H C, ADVOCATE) AND: STATE OF KARNATAKA BY YELAHANKA P.S. REP. BY SPP, HIGH COURT OF KARNATAKA BANGALORE – 560001 …RESPONDENT (BY SRI RANGASWAMY.R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.97/2021 OF YELAHANKA POLICE STATION, BANGALORE, WHICH IS REGISTERED FOR THE OFFENCES UNDER SECTIONS 120(B), 143, 147, 148, 341, 302 R/W 149 OF INDIAN PENAL CODE, WHICH IS PENDING BEFORE THE LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE CITY CCH-62, IN S.C.No.977/2021. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19949 CRL.P No. 921 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.977/2021 pending on the file of the LXI Addl. City Civil and Sessions Judge, Bengaluru (CCH- 62), arising out of Crime No.97/2021 registered by Yelahanka Police Station, for the offences punishable under Sections 120B, 143, 147, 148, 341, 302 r/w Section 149 of the Indian Penal Code, is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader. 3. FIR in Crime No.97/2021 came to be registered by Yelahanka Police, Bengaluru, initially for the offence punishable under Section 302 r/w Section 34 IPC against the petitioner and others based on the first information dated 11.04.2021 received from one Anandappa, S/o late Govindappa, who is the father of the victim/deceased Raghavendra. During the course of investigation, petitioner was arrested on 12.04.2021 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against four persons and the petitioner herein is arrayed as accused No.1. - 3 - HC-KAR NC: 2025:KHC:19949 CRL.P No. 921 of 2025 His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, petitioner had approached this Court in Crl.P.No.4139/2024 which was dismissed by the co-ordinate Bench of this Court vide Order dated 01.07.2024 reserving liberty to the petitioner to renew his bail application before the Trial Court after examination of all the eye witnesses is completed. 4. Petitioner had thereafter filed Crl. Misc. No.11819/2024 before the Trial Court which was rejected on 10.01.2025. Therefore, petitioner is before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that C.Ws 6 to 14 are alleged eye witnesses to the incident in question and the said witnesses have been examined before the Trial Court. He submits that till date, 14 charge sheet witnesses have been examined and all the said witnesses have turned hostile to the case of the prosecution. - 4 - HC-KAR NC: 2025:KHC:19949 CRL.P No. 921 of 2025 6. In the other two criminal cases which were registered against the petitioner earlier, he was enlarged on bail. Accordingly, sought to allow this petition. 7. Per contra, learned High Court Government Pleader opposes the petition. He submits that petitioner is a person with criminal antecedents and P.Ws.2, 12 and 13 have partly supported the case of the prosecution. He submits that petitioner has committed heinous offence in public view and therefore, his prayer for grant of regular bail has to be rejected. 8. Petitioner had earlier approached this Court in Crl.P. No.4139/2024 which was rejected by the co-ordinate Bench of this court by Order dated 01.07.2024 reserving liberty to the petitioner to renew his bail application before the Trial Court after examination of the eye witnesses is completed. 9. C.Ws.6 to 14 are the alleged eye witnesses to the incident in question. Learned counsel for the petitioner has submitted that all the eye witnesses have been already examined before the Trial Court and till date, 14 charge sheet witnesses have been examined as P.Ws.1 to 14. According to - 5 - HC-KAR NC: 2025:KHC:19949 CRL.P No. 921 of 2025 the learned counsel for the petitioner, all the material witnesses have not supported the case of the prosecution and they are treated as hostile witnesses. However, learned High Court Government Pleader has brought to the notice of this Court that P.Ws.2, 12 and 13 have partially supported the case of the prosecution. 10. Be that as it may, fact remains that the material charge sheet witnesses have been already examined and this Court at this stage cannot appreciate the deposition of the charge sheet witnesses and hold a mini trial. In the earlier two cases registered against the petitioner, he has been granted regular bail. 11. In the present case, petitioner is in custody since 12.04.2021. Out of the 42 charge sheet witnesses cited by the prosecution, only 14 witnesses have been examined till date. Therefore, chances of trial being completed and case being disposed of on merits at the earliest is remote. 12. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and - 6 - HC-KAR NC: 2025:KHC:19949 CRL.P No. 921 of 2025 demerits of the case, petitioner’s prayer for grant of regular bail is required to be answered in the affirmative only considering the delay in trial and the period of petitioner in custody. 13. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.97/2021 of Yelahanka Police Station registered for the offences punishable under Sections 120B, 143, 147, 148, 341, 302 r/w Section 149 of the Indian Penal Code, subject to the following conditions: a) Petitioner 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 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; - 7 - HC-KAR NC: 2025:KHC:19949 CRL.P No. 921 of 2025 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE kcm List No.: 1 Sl No.: 31