- 1 - NC: 2025:KHC:17030 CRL.P No. 1870 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1870 OF 2025 BETWEEN: VASU @ LAGGERE VASU, S/O VENKATESHA, AGED ABOUT 30 YEARS, R/AT WARD NO. 1, 7TH CROSS ROAD, DEVAMMA EXTENSION, CHANNAPATTANA, HASSAN TALUK, HASSAN DISTRICT - 573 201. …PETITIONER (BY SRI. VEERANNA G. TIGADI.,ADVOCATE) AND: THE STATE OF KARNATAKA, REP BY HASSAN EXTENSION POLICE, HASSAN DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.N. ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER, ENLARGING HIM ON BAIL IN S.C.NO.248/2022(CR.NO.105/2022) REGISTERED BY THE HASSAN EXTENSION P.S PENDING BEFORE THE 2ND ADDL.DISTRICT AND SESSION JUDGE AT HASASN FOR THE OFFENCE P/U/S 120(B),302,341,307 R/W 34 OF IPC. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17030 CRL.P No. 1870 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.248/2022 pending before the Court of II Additional District and Session Judge, Hassan, arising out of Crime No.105/2022 registered by Hassan Extension Police Station, Hassan District, for offences punishable under Sections 102(B), 302, 341, 307 of IPC read with Section 34 of IPC, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.105/2022 was registered by Hassan Extension Police Station, Hassan District, initially for the offence punishable under Section 302 of IPC against the petitioner herein based on the first information dated 11.05.2022 received from Sudha wife of deceased Girish. - 3 - NC: 2025:KHC:17030 CRL.P No. 1870 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 30.06.2022 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against six persons. Petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore he had approached this Court ealier in Crl.P.No.3708/2023, which was dismissed as not pressed with liberty to the petitioner to approach this Court a fresh after evidence of C.W-2, who is the alleged eye-witness in the present case was recorded before the trial Court. It is under these circumstances, petitioner is before this Court. 5. Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that till date 8 charge sheet witnesses are examined as P.W-1 to P.W-8, out of 34 charge sheet witnesses cited in the present case. C.W-2 who is the alleged eye-witness has - 4 - NC: 2025:KHC:17030 CRL.P No. 1870 of 2025 turned hostile to the case of the prosecution. Except one case, the other cases which were earlier registered against the petitioner have ended in acquittal and all the other persons in the present case are enlarged on bail. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made the learned Counsel for the petitioner. She however submits that since the petitioner is a person with criminal antecedents, in the event he is enlarged on bail, he may tamper with the remaining prosecution witnesses. 7. Petitioner had earlier approached this Court in Crl.P.No.3708/2023 which was dismissed as not pressed vide order dated 18th August, 2023 with liberty to the petitioner to file a fresh petition after examination of the alleged eye-witness C.W-2 is completed before the trial Court. - 5 - NC: 2025:KHC:17030 CRL.P No. 1870 of 2025 8. It is brought to the notice of this Court that C.W-2 has been examined as P.W-2 and he has turned hostile to the case of the prosecution in the present case. Till date out of the 34 charge sheet witnesses, 8 witnesses have been examined as P.W-1 to 8. Petitioner is in custody for the last more than two and a half years. It is not in dispute that all the other accused persons in the present case have been granted bail. Considering the fact that out of the 34 charge sheet witnesses, till date only 8 witnesses are examined before the trial Court, the chances of the trial being completed and the case being disposed of on merits in the near future is very remote. It is also brought to the notice of this Court that petitioner has been acquitted in the other criminal cases which were registered against him. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- - 6 - NC: 2025:KHC:17030 CRL.P No. 1870 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.248/2022 pending before the Court of II Additional District and Sessions Judge, Hassan, arising out of Crime No.105/2022 registered Hassan Extension Police Station, Hassan District, for offences punishable under Sections 102(B), 302, 341, 307 of IPC read with Section 34 of IPC, 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; - 7 - NC: 2025:KHC:17030 CRL.P No. 1870 of 2025 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.: 28