- 1 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 1173 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1173 OF 2025 BETWEEN: NAGARAJU @ VENKATARAJU @ KODLI, S/O KENCHA @ KODLI KENCHA, AGED ABOUT 58 YEARS, R/AT TIGALARA HOSAHALLI, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA - 562 129. …PETITIONER (BY SRI. M KRISHNE GOWDA., ADVOCATE) AND: STATE OF KARNATAKA, STATE BY KANAKAPURA RURAL POLICE STATION, REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.14/2024 OF KARNAKAPURA RURAL POLICE STATION, NOW S.C.5031/2024, AND PENDING TRAIL BEFORE II ADDITIONAL DISTRICT AN SESSIONS JUDGE, RAMANAGAR, SIT AT KANAKAPURA FOR THE OFFENCES P/U/S 302 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 1173 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.5031/2024 pending before the Court of II Additional District and Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.14/2024 registered by Kanakapura Rural Police Station, Ramanagara, for offence punishable under Section 302 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.14/2024 was registered by Kanakapura Rural Police Station, Ramanagara, for offence punishable under Section 302 of IPC against the petitioner herein, based on the first information dated 31.01.2024 received from Smt.Mangalamma who is the mother of deceased Govindaraju. 4. During the course of investigation of the case, petitioner herein was arrested on 31.01.2024 and - 3 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 1173 of 2025 subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.5159/2024 was rejected on 06.07.2024. Therefore, he had approached this Court in Crl.P.No.11118/2024 which was dismissed on 20.01.2025, on the ground that trial in the case had commenced, and C.W-2 to C.W-4 who are the alleged eye-witnesses to the incident in question are yet to be examined. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that C.W-2 to C.W-4 have been already examined before the trial Court as P.W-2 to P.W-4 and said witnesses have completely turned hostile to the case of the prosecution. Petitioner aged about 58 years has no other criminal antecedents. Accordingly, he prays to allow this petition. - 4 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 1173 of 2025 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. 7. First informant in the present case is the wife of the petitioner and mother of deceased Govindaraju. Allegation in the charge sheet against the petitioner is that on 30.01.2024 about 10:00 p.m., after consuming alcohol he had quarreled with his son Govindaraju on a petty issue, and thereafter, at about 12:30 a.m., on the intervening night of 30.01.2024 and 31.01.2024 when Govindaraju was sleeping, petitioner allegedly dropped a stone on his head and committed his murder. C.W-2 and C.W-4 are the alleged eye-witnesses to the incident in question. They are examined before the trial Court as P.W-2 and P.W-4 and learned Counsel for the petitioner has submitted that P.W-2 and P.W-4 have completely turned hostile to the case of the prosecution. - 5 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 1173 of 2025 8. Petitioner aged about 58 years who has no other criminal antecedents is in custody from 31.01.2024. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5031/2024 pending before the Court of II Additional District and Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.14/2024 registered by Kanakapura Rural Police Station, Ramanagara, for 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 - 6 - HC-KAR NC: 2025:KHC:24747 CRL.P No. 1173 of 2025 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; 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 List No.: 1 Sl No.: 40