- 1 - NC: 2025:KHC:11432 CRL.P No. 1793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1793 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: LAKSHMANA S/O. CHIKKAIAH, AGED ABOUT 30 YEARS, R/AT 6TH HOSAKOTE VILLAGE, KASABA HOBLI, KUSHALANAGARA TALUK, KODAGU-571 234. …PETITIONER (BY SRI. SANDEEPA S. H., ADVOCATE) AND: STATE OF KARNATAKA BY KONANUR POLICE STATION, HASSAN DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 009. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SC.NO. 142/2022 (CRIME NO. 15/2022) OF KONANUR POLICE AT ARAKALGUD, PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 R/W 34 OF IPC, BY ALLOWING THIS PETITION. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11432 CRL.P No. 1793 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 Accused No.1 in S.C.No.142/2022, pending before the Court of III Additional District and Sessions Judge, Hassan, arising out of Crime No.15/2022 registered by Konanur Police Station, Hassan, for offences punishable under Sections 302 read with Section 34 of Indian Penal Code (for short 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No. No.15/2022 registered by Konanur Police Station, Hassan, for the aforesaid offences against the petitioner and another person on the basis of the first information dated 18.01.2022 received from Manjunatha B.C. - owner of BSC Lodge, at Konanur, Hassan. 4. During the course of investigation of the case, petitioner herein was arrested on 18.01.2022 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against three - 3 - NC: 2025:KHC:11432 CRL.P No. 1793 of 2025 persons. Petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Trial Court in S.C.No.142/2022 was rejected on 13.01.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that case of the prosecution is based on circumstantial evidence. Petitioner has no criminal antecedents and he is in judicial custody for the last more than three years. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 7. Perusal of materials on record would go to show that, entire case of prosecution is based on the circumstantial evidence. As per the charge sheet allegations, deceased Harisha had given a sum of Rs.90,000/- and gold jewellery weighing 10gms to accused No.2 - Sushmitha S. Subsequently, he had demanded to give back the amount and the gold jewellery given by him and therefore, accused persons decided to commit the murder of Harisha. On 18.01.2022, accused No.2 had invited Harisha to Room No.1 in BSC lodge, Konanur and - 4 - NC: 2025:KHC:11432 CRL.P No. 1793 of 2025 after Harisha came to the said room, accused No.2 allegedly threw chilly powder on his face and accused Nos. 1 and 3 who were hiding inside the bathroom of the room allegedly assaulted Harisha with deadly weapons and committed his murder. Accused No.2 has been granted regular bail by this Court in Crl.P.No.5524/2023. Undisputedly, petitioner has no other criminal antecedents and he is in custody for the last more than three years. Prosecution in all has cited 33 charge sheet witnesses in the present case and till date only one charge sheet witness is examined and there are no chances of the trial being completed and case being disposed of in the near soon. Considering the aforesaid aspects of the matter and also the period of incarceration of the petitioner, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime 15/2022 registered by Konanur Police Station, Hassan, for - 5 - NC: 2025:KHC:11432 CRL.P No. 1793 of 2025 offences punishable under Sections 302 read with Section 34 of Indian Penal Code, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One 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 SPV List No.: 1 Sl No.: 39