- 1 - NC: 2025:KHC:5358 CRL.P No. 960 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 960 OF 2025 BETWEEN: 1. DINESH T., S/O LATE THIPPIAH AGED ABOUT 42 YEARS R/AT GOWDAGERE VILLAGE GOWDAGERE HOBLI, SIRA TALUK TUMAKURU DISTRICT-572 130. …PETITIONER (BY SRI. VENKATA REDDY S.K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY TAVARAKERE POLICE STATION SIRA TALUK, TUMAKURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KANATAKA BENGALURU-560 001. …RESPONDENT (BY SRI. M.DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC PRAYING TO ALLOW THE PETITION AND ORDER TO RELEASE THE PETITIONER/ACCUSED 1 ON BAIL, IN CR.NO.86/2021, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 R/W SECTION 34 OF IPC, 1961, ON THE FILE OF THE RESPONDENT POLICE/TAVAREKERE POLICE, SIRA TALUK, TUMAKURU DISTRICT. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5358 CRL.P No. 960 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This is a successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.86/2021 of Tavarekere Police Station, Sira Rural Circle, Tumakuru, for the offence punishable under Sections 302 and 201 read with Section 34 of IPC. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondent- State. 3. This is a successive bail petition filed by the accused No.1, who is the husband of the victim. This Court earlier rejected bail petition of this petitioner in Crl.P.No.611/2022 vide order dated 01.02.2022 and so also on 21.11.2022 in Crl.P.No.8577/2022 and this Court observed that accusation made against this petitioner is that he committed murder of his wife and the same was witnessed by the eye witnesses and the recovery is also made the instance of this Court i.e., wooden stick is also seized and it requires trial. - 3 - NC: 2025:KHC:5358 CRL.P No. 960 of 2025 4. Now, learned counsel for the petitioner would contend that prosecution has examined the witnesses as P.Ws.1 to 9. P.W.1 is the brother of the victim and he turned hostile. P.Ws.2 and 3 are neighborers, who gave statement before the Police that they have witnessed the incident of assault made by this petitioner and they have also turned hostile. P.W.4 is the son of the petitioner and he has also not supported the case of the prosecution. P.W.5 is mother of the accused and P.W.6 is the wife of accused No.2 and they have also not supported the case of the prosecution. P.Ws.7 and 8 are the recovery witnesses, who have recovered the stick and they have not supported the case of the prosecution. 5. Learned HCGP would submit that the remaining witnesses are doctor and police witnesses, who are yet to be examined. 6. Having considered the material on record, when the complainant who is the brother of the victim has not supported the case of the prosecution and none of the witness have supported the case of the prosecution and considering the fact that witnesses P.Ws.1 to 9 are only formal witness, nothing is - 4 - NC: 2025:KHC:5358 CRL.P No. 960 of 2025 there on the part of the Trial Court to decide and all the witnesses have turned hostile. Having taken note of the material on record, particularly the evidence of the witnesses P.Ws.1 to 9, it is a fit case to exercise the discretion and there is no need to continue the petitioner in custody for further trial. Hence, exercising the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution, I pass the following:- ORDER The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.86/2021 of Tavarekere Police Station, Sira Rural Circle, Tumakuru, for the offence punishable under Sections 302 and 201 read with Section 34 of IPC, subject to the following conditions: (i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. - 5 - NC: 2025:KHC:5358 CRL.P No. 960 of 2025 (iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 10