- 1 - HC-KAR NC: 2025:KHC:24120 CRL.P No. 2726 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2726 OF 2025 BETWEEN: MANJUNATH @ KICHHA S/O LAKSHMIPATHI AGED ABOUT 25 YEARS R/AT THIPPAPURA VILLAGE DODDABALLAPURA TALUK BENGALURU RURAL - 561 205. …PETITIONER (BY SRI VISHWAS GOWDA G.M, ADV.) AND: STATE OF KARNATAKA BY GOWRIBIDANURU TOWN P.S STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.3) ON BAIL IN S.CNO.111/2021 AND IMPOSE ANY CONDITIONS DEEMED NECESSARY TO ENSURE HIS PRESENCE DURING TRIAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24120 CRL.P No. 2726 of 2025 ORAL ORDER 1. Accused no.3 in S.C.No.111/2021 pending before the Court of III Addl. District & Sessions Judge, Chikkaballapura, arising out of Crime No.94/2021 registered by Gowribidanur Town Police Station, Chickballapura, for the offences punishable under Sections 302, 201, 120-B read with 34 IPC is before this Court in this successive bail petition filed under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.94/2021 was registered by Gowribidanur Town Police Station, Chickballapura, initially against unknown persons, after a missing complaint was received from Lavanya.P., who is the wife of deceased Vishwanatha.N. During the course of investigation, petitioner herein was arrested on 08.07.2021 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and petitioner is arrayed as accused no.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected, and therefore, he had approached this Court in Crl.P.No.4689/2022 which was - 3 - HC-KAR NC: 2025:KHC:24120 CRL.P No. 2726 of 2025 dismissed on 08.07.2022. Thereafter, he had filed a fresh bail application before the Trial Court in S.C.No.111/2021, which was dismissed on 16.10.2024. It is under these circumstances, he is before this Court ins this successive bail petition. 4. Learned Counsel for the petitioner submits that accused no.1 has been granted regular bail by this Court in Crl.P.No.12008/2024 disposed of on 01.07.2025. The allegation of assaulting deceased Vishwanatha is against accused nos.1 & 2. Accused no.2 was granted regular bail by the Trial Court on 24.04.2024 on the ground that material charge sheet witnesses have been already examined. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner. 6. Perusal of the material on record would go to show that entire case of the prosecution is based on circumstantial evidence. The allegation of assaulting deceased Vishwanatha is found in the charge sheet as against accused nos.1 & 2. - 4 - HC-KAR NC: 2025:KHC:24120 CRL.P No. 2726 of 2025 Accused no.2 has been granted regular bail by the Trial Court by order dated 24.04.2024 passed in S.C.No.111/2021 on the ground that material charge sheet witnesses have been already examined. Accused no.4 has been granted regular bail by the coordinate bench of this Court in Crl.P.No.4689/2022 disposed of on 08.07.2022. Accused no.1 has been granted regular bail by this Court in Crl.P.No.12008/2024 disposed of on 01.07.2025. Out of 87 charge sheet witnesses, till date only 38 charge sheet witnesses have been examined before the Trial Court. Petitioner is in custody for the last nearly four years. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.111/2021 pending before the Court of III Addl. District & Sessions Judge, Chikkaballapura, arising out of Crime No.94/2021 registered by Gowribidanur Town Police Station, Chickballapura, for the offences punishable under Sections 302, 201, 120-B read with 34 IPC, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:24120 CRL.P No. 2726 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 KK