- 1 - HC-KAR NC: 2025:KHC:18502 CRL.P No. 1180 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1180 OF 2025 BETWEEN: RAKESH @ RAKHU S/O LATE MANSINGH AGED ABOUT 28 YEARS R/AT 24, 2ND CROSS, BACKSIDE OF TRAFFIC POLICE STATION VIDYANAGARA, SHIMOGGA PIN CODE - 577 201. …PETITIONER (BY SRI RANGANATH REDDY R, ADV.) AND: STATE BY THE STATION HOUSE OFFICER STATE BY DEVARAJA POLICE STATION BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR (HIGH COURT OF KARNATAKA) PIN CODE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDERED THE PETITIONER TO BE ENLARGED ON BAIL IN FIR IN CRIME NO 78/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTION 120B, 364, 302, 201 R/ W SECTION 149 OF IPC, REGISTERED BY IV J.M.F.C COURT AT MYSORE WHICH IS NOW COMMITTED AND PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT MYSORE IN SC NO. 01/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18502 CRL.P No. 1180 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in S.C.No.1/2024 pending before the Court of Principal District & Sessions Judge, Mysuru arising out of Crime No.78/2023 registered by Devaraja Police Station, Mysuru City for the offences punishable under Sections 120B, 364, 302 & 201 R/w Section 149 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.78/2023 was registered by Devaraja Police Station, Mysuru City initially for the offence punishable Under Section 363 R/w 34 of IPC against ten unknown persons, on the basis of first information dated 30.08.2023 received from Chandru S/o Javaraiah. During the course of investigation, the petitioner herein was arrested on 07.09.2023 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed - 3 - HC-KAR NC: 2025:KHC:18502 CRL.P No. 1180 of 2025 against eleven persons and the petitioner is arraigned as accused No.5 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdiction Sessions Court in S.C.No.1/2024 was dismissed on 27.08.2024. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that FIR was initially registered against unknown persons only for the offence punishable under Section 363 R/w Section 34 of IPC. CW.2 who is the sole eye witness to the incident in question has turned hostile to the case of the prosecution. The other material charge sheet witnesses have been examined before the Trial Court and they have also turned hostile to the case of the prosecution. In other two criminal cases registered against the petitioner, he is already enlarged on bail. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:18502 CRL.P No. 1180 of 2025 6. Per contra, learned HCGP has opposed the petition on the ground that the petitioner is a person with criminal antecedents and he is a rowdy sheeter. In the event he is enlarged on bail, he is likely to commit similar offences. Accordingly, he prays to dismiss the petition. 7. FIR in the present case was initially registered against ten unknown persons alleging that CW.2 Pavan and Naveen, who is the deceased in the present case were kidnapped by unknown persons. During the course of investigation, the petitioner was arrested on 07.09.2023 and after completing investigation charge sheet has been now filed against eleven persons. 8. As per the charge sheet allegation, the deceased Naveen was an accused in the murder case of Vinod, who was a friend of accused No.1 Paramesh @ Kembathahalli Parami. Naveen, who was arrested in the said case was released on bail in the month of May-2023. Accused No.1 had conspired with other accused persons to commit the murder of Naveen, who allegedly had - 5 - HC-KAR NC: 2025:KHC:18502 CRL.P No. 1180 of 2025 committed the murder of Vinod, who was the friend of accused No.1 Paramesh @ Kembathahalli Parami. Accused Nos.10 and 11 allegedly gave information to other accused persons about the whereabouts of Naveen. On 27.08.2023, accused Nos.10 & 11 informed accused No.4 that Naveen and CW.2 Pavan were on their way from Bengaluru to Mysuru and on receipt of such information, accused persons came in two vehicles bearing registration No.KA-33-M-2939 and KA-09-MH-5124 and they kidnapped Naveen and CW.2 Pavan in the aforesaid two cars and thereafter CW.2 Pavan was released by the accused persons near industrial area at Nanjanagudu Taluk and subsequently accused Nos.1 to 6 allegedly assaulted Naveen with deadly weapons and committed his murder. 9. CW.2 Pavan has been examined before the Trial Court as PW.5. He has completely turned hostile to the case of the prosecution and even though he was cross- examined by the public prosecutor nothing material has - 6 - HC-KAR NC: 2025:KHC:18502 CRL.P No. 1180 of 2025 been elicited from his mouth, which is incriminating as against the petitioner herein. The prosecution has examined CWs.1 to 9 as PWs.1 to 9 before the Trial Court. In addition to PW.5, all the other witnesses examined by the prosecution have also turned hostile to the case of prosecution and nothing material has been elicited from the mouth of said witnesses even though they were cross- examined by the public prosecutor. The petitioner, who was involved in two other criminal cases earlier has been released on bail in the said case. In so far as the present case is concerned, the petitioner is in custody from 07.09.2023. 10. The material charge sheet witnesses have not supported the case of the prosecution. The prosecution in all has cited 88 charge sheet witnesses in the present case and out of the same, till date, only 9 witnesses have been examined as PWs.1 to PW.9. Therefore, chances of trial being completed and case being disposed of on merits in near future is very remote. - 7 - HC-KAR NC: 2025:KHC:18502 CRL.P No. 1180 of 2025 11. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to imposing appropriate conditions, which can taken care of apprehension expressed by the learned HCGP. 12. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1/2024 pending before the Court of Principal District & Sessions Judge, Mysuru arising out of Crime No.78/2023 registered by Devaraja Police Station, Mysuru City for the offences punishable under Sections 120B, 364, 302 & 201 R/w Section 149 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees - 8 - HC-KAR NC: 2025:KHC:18502 CRL.P No. 1180 of 2025 One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall mark his attendance before the SHO of Devaraja Police Station, Mysuru on every alternative Sunday of every month between 10.00 a.m, to 1.00 p.m, till the criminal case registered against him is disposed of. c) 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; d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS