- 1 - NC: 2025:KHC:10890 CRL.P No. 1491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1491 OF 2025 BETWEEN: SRI. CHITTI BABU @ ABHI @ BABU S/O LATE VENKATASWAMI, AGED ABOUT 30 YEARS, R/AT NEAR GAYATHRI TEMPLE, AMARAVATHI LAYOUT, BANGARAPETE, KOLAR DISTRICT - 562 102. …PETITIONER (BY SRI. MURALI M, ADVOCATE FOR SRI. RAMA MURTHY N, ADVOCATE) AND: THE STATE OF KARNATAKA BY MARATHAHALLI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH N, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN SC.NO.969/2023 ARISING OUT OF CR.NO.30/2023, REGISTERED BY MARATHAHALLI POLICE, FOR THE OFFENCES P/U/S 302, 120(B), 149 OF IPC, PENDING ON THE FILE OF LVII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT MAYO HALL, BENGALURU. Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:10890 CRL.P No. 1491 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER This successive bail application is filed by accused No.2 in SC.No.969/2025 pending before the Court of LVII Additional City Civil and Sessions Judge, at Mayo Hall, Bengaluru, arising out of Crime.No.30/2023 registered by Marathahalli Police Station, Bengaluru for offences punishable under Sections 120(B), 149 and 302 r/w 34 of IPC, under Section 483 of BNSS 2023. 2. Heard learned counsel for the parties. 3. FIR in Crime.No.30/2023 was registered by Marathahalli Police Station, Bengaluru initially for the offences punishable under Sections 120(B) and 302 of IPC, against unknown persons based on the first information dated 13.02.2023 received from CW1-Ashwathamma, who is the wife of deceased Narayanswamy. - 3 - NC: 2025:KHC:10890 CRL.P No. 1491 of 2025 4. During the course of investigation of the case, the petitioner herein was arrested on 22.03.2023 and subsequently, produced before the Jurisdictional Court and remanded to judicial custody. After investigation of the case, charge sheet was filed against 6 accused persons and the petitioner is arrayed as accused No.2 in the charge sheet. The bail application filed by the petitioner herein before the Jurisdictional Sessions Court in S.C.No.969/2023 was rejected. Therefore, the petitioner had approached this Court in Crl.P.No.2074/2024, which was dismissed as not pressed on 04.09.2024 with liberty to the petitioner to file a fresh petition before this Court after examination of CW2, who is the alleged eye witness in the present case is completed. It is under these circumstances, the petitioner is before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that CW1 and CW2 have turned hostile to the case of the - 4 - NC: 2025:KHC:10890 CRL.P No. 1491 of 2025 prosecution. The petitioner herein is in custody from 22.03.2023. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. However, does not dispute the submission made by the learned counsel for the petitioner. 7. Material on record would go to show that, except the petitioner, all other accused persons have been enlarged on bail in the present case. The petitioner's bail application in Crl.P.No.2074/2024 was dismissed as not pressed by this Court on 04.09.2024 with liberty to the petitioner to file a fresh petition before this Court after examination of CW2-Allbakash, who is alleged eye witness to the incident in question, is completed before the trial Court. CW1 -Ashwathamma is the wife of deceased Narayanswamy. CW1 and CW2 have been examined as PW1 and PW2 before the trial Court. PW1 and PW2 have turned hostile to the case of the prosecution and though they are extensively cross-examined by the Public - 5 - NC: 2025:KHC:10890 CRL.P No. 1491 of 2025 Prosecutor, nothing material has been elicited from their mouth which is incriminating as against the petitioner herein. The petitioner is in custody from 22.03.2022. The prosecution has cited 89 charge sheet witnesses in the present case and out of the same only two witnesses have been examined till date. Under the circumstances, I am of the opinion, the prayer made by the petitioner for granting regular bail is required to be answered affirmatively. Accordingly, the following: ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime.No.30/2023 of Marathahalli Police Station, Bengaluru registered for the offences punishable under Sections 120(B), 149 and 302 r/w 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 6 - NC: 2025:KHC:10890 CRL.P No. 1491 of 2025 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 AT List No.: 1 Sl No.: 60 CT: BHK