- 1 - NC: 2025:KHC:12847 CRL.P No. 3280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO.3280 OF 2025 BETWEEN: SALMAN ALIAS SNOOFI S/O SYED SABBIR AGED ABOUT 23 YEARS, R/AT NO.355 1ST MAIN 1ST CROSS, ISLAMAPURA, HAL BENGALURU -560017 …PETITIONER (BY SMT. RAKSHA KEERTHANA K, ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY HAL POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU -560001 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.260/2020 IN S.C.NO. 1151/2021 Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12847 CRL.P No. 3280 of 2025 OF THE RESPODENT HAL POLICE FOR THE ALLEGED OFFENCES P/U/S 302 R/W 34 OF IPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL ORDER This petition is filed by accused No.1 praying to enlarge him on regular bail in Cr.No.260/2020 and in S.C.No.1151/2021 of the HAL police station for the offences punishable under Section 302 read with Section 34 of IPC. 2. Heard the learned counsel appearing for the respective parties. 3. On the earlier occasion, the present petitioner had approached this Court filing bail petition in Crl.P.No.1486/2022 and on 07.06.2022, after hearing both the sides, when this Court about to dictate the order, at that juncture, the learned counsel for the petitioner seeks permission of this Court to withdraw the petition with - 3 - NC: 2025:KHC:12847 CRL.P No. 3280 of 2025 liberty to approach this Court after the examination of CW2, CW5 and CW6. Now, the learned counsel for the petitioner submits that this petitioner is in custody from 07.10.2020 and CW2, CW5 and CW6 have been examined before the Trial Court as PW2, PW3 and PW4 and they have not supported the case of the prosecution. Even PW1 who is the sister of the deceased has deposed that she came to know about the murder of her brother and she came to know that accused Nos.2 to 4 caught hold of her brother and accused No.1 stabbed him with the knife and this witness also treated as hostile and in her the cross-examination nothing is elicited and none of the witnesses have supported the case of the prosecution. Hence, the learned counsel for the petitioner prays to enlarge the petitioner on bail 4. Per contra, the learned High Court Government Pleader appearing for the State would vehemently contend that material witnesses have been examined but they have turned hostile to the case of the prosecution and - 4 - NC: 2025:KHC:12847 CRL.P No. 3280 of 2025 PW1 deposed before the Court that she came to know about the said incident and she heard that accused Nos.2 to 4 caught hold of her brother and accused No.1 stabbed him and other witnesses i.e., CW2, CW5 and CW6 have been examined as PW2, PW3 and PW4 and they have also not supported the case of the prosecution. 5. 5. Having heard the learned counsel appearing for the respective parties and on perusal of the material on record, it discloses that this Court, earlier given liberty to the petitioner to approach this Court after examination of CW2, CW5 and CW6 and they are the material witnesses. Now, material witnesses have been examined before the Court and they have not supported the case of the prosecution. Even PW1 also deposed that she came to know about the incident and assaulting of her brother and hence, she is a hearsay witness. The learned counsel for the State also submits that NBW was issued to the other witnesses. Having taken into note of the material on record and this petitioner is also in custody from 2020 i.e., - 5 - NC: 2025:KHC:12847 CRL.P No. 3280 of 2025 almost 4 to 5 years has been lapsed and in view of the evidence of PW2 to PW4, no need to continue the petitioner in custody. Hence, it is a fit case to exercise the discretion in favour of the petitioner. 6. In view of the discussions made above, I pass the following: ORDER The petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in connection with Crime No.260/2020 of HAL Police Station, Bengaluru City registered for the offence punishable under Section 302 read with Section 34 of IPC, subject to the following conditions: (i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. - 6 - NC: 2025:KHC:12847 CRL.P No. 3280 of 2025 (iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of. Sd/- (H.P.SANDESH) JUDGE SN