- 1 - HC-KAR NC: 2025:KHC:20759 CRL.P No. 1964 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1964 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. VELU @ BHOTU S/O LATE RAVIKUMAR, AGED ABOUT 23 YEARS, R/AT NO.9, KOGILU ROAD, SRINIVASAPURA, BANGALORE NORTH, YELAHANKA, BANGALORE CITY-560 064. …PETITIONER (BY SRI. SURESH N., ADVOCATE) AND: THE STATE OF KARNATAKA BY ITS SHO, YELAHANKA POLICE STATION, BENGALURU CITY, REPRESENTED BY S.P.P., HIGH COURT, BANGALORE-01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE HIM ON BAIL AND DIRECT TO THE LXI ADDITIONAL CITY CIVIL AND SESSIONS COURT JUDGE AT BANGALORE CITY (CCH-62) TO RELEASE HIM FROM JUDICIAL CUSTODY IN S.C.NO.977/2021, CRL.MISC.12001/2024 (CRIME NO.97/2021 OF YELAHANKA POLICE STATION) FOR THE OFFENCE PUNISHABLE U/S 120(b), 143, 147, 148, 341, 302 R/W 149 OF IPC PENDING BEFORE THE LXI ADDITIONAL CITY CIVIL AND SESSIONS COURT Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20759 CRL.P No. 1964 of 2025 JUDGE AT BANGALORE CITY (CCH-62) BY IMPOSING ANY CONDITIONS. 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.2 in SC No.977/2021 pending before the Court of LXI Additional City Civil and Sessions Court (CCH-62), Bengaluru City, arising out of Crime No.97/2021 registered by Yelahanka Police Station, Bengaluru City, for the offences punishable under Sections 120-B, 143, 147, 148, 341, 302 r/w 149 of IPC, is before this Court in this successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.97/2021 was registered by Yelahanka Police Station, Bengaluru City, initially for the offence punishable under Section 302 r/w Section 34 IPC - 3 - HC-KAR NC: 2025:KHC:20759 CRL.P No. 1964 of 2025 against Hemanna, Velu and others based on the first information dated 11.4.2021 received from one Anandappa S/o late Govindappa, father of the victim/deceased Raghavendra. During the course of investigation, petitioner was arrested on 12.4.2021 and after completing investigation, charge sheet has been filed against four persons and the petitioner herein is arraigned accused No.2. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he had approached this Court earlier in Crl.P.No.6977/2021, which was dismissed on merits by the co-ordinate Bench of this Court vide order dated 1.10.2021. Thereafter, the petitioner has filed Crl.P.No.2873/2022, which was dismissed as withdrawn on 29.7.2022. Subsequently, the material charge sheet witnesses were examined before the trial Court and thereafter, a fresh bail application was filed by the petitioner in Crl.Misc.No.12001/2024 which was rejected - 4 - HC-KAR NC: 2025:KHC:20759 CRL.P No. 1964 of 2025 vide order dated 10.1.2025 and therefore, he is before this Court in this successive bail petition. 4. Learned counsel for the petitioner submits that material charge sheet witnesses to the incident have turned hostile to the case of the prosecution. The petitioner does not have any criminal antecedents and he is in custody for the last more than four years. Accused No.1 has been granted regular bail by this Court in Crl.P.No.921/2025 vide order dated 11.6.2025. Hence, sought to allow the petition. 5. Per contra, learned High Court Government Pleader appearing for the respondent/State does not dispute the submission made by the learned counsel for the petitioner. 6. CWs.6 to 14 are the alleged eye witnesses to the incident in question and the said eye witnesses have already been examined before the trial Court as on this date. It is brought to the notice of this Court by the - 5 - HC-KAR NC: 2025:KHC:20759 CRL.P No. 1964 of 2025 learned counsel for the petitioner that 14 charge sheet witnesses have been examined before the trial Court as PWs.1 to 14 and the said witnesses have not supported the case of the prosecution. However, the learned High Court Government Pleader has submitted that PWs.2, 12 and 13 have partially supported the case of the prosecution. Be that as it may, fact remains that the material charge sheet witnesses have already been examined before the trial Court. Out of 42 charge sheet witnesses cited by the prosecution, only 14 charge sheet witnesses have been examined as on this date. 7. Considering the aforesaid aspect, this Court has granted bail to accused No.1 in Crl.P.No.921/2025 disposed of on 11.6.2025. The petitioner has no other criminal antecedents and is in custody for the last more than four years. Therefore, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC:20759 CRL.P No. 1964 of 2025 ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.97/2021 of Yelahanka Police Station, Bengaluru City, registered for the offences punishable under Sections 120-B, 143, 147, 148, 341, 302 r/w 149 of IPC, subject to the following conditions: a) 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 - HC-KAR NC: 2025:KHC:20759 CRL.P No. 1964 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 TL List No.: 1 Sl No.: 36 CT:ar