- 1 - NC: 2025:KHC:14092 CRL.A No. 517 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 517 OF 2025 (U/S 14(A) (2)) BETWEEN: RAGHUVARAN, S/O SHANTHAKUMAR, AGED ABOUT 31 YEARS, R/AT NO.17, FARM HOUSE, LINGANAHALLI, MANDYA TO NAGAMANGALA ROAD, MANDYA DISTRICT - 571 432. …APPELLANT (BY SRI. PRATHEEP K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY RAJAGOPALNAGAR POLICE STATION, BENGALURU, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01. 2. SMT. SITAMMA W/O NARASAIAH, AGED ABOUT 48 YEARS R/AT NO. 193/1, 5TH CROSS, KASTURI LAYOUT, RAJAGOPALNAGAR, BENGALURU - 79. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; R2 SERVED BUT UNREPRESENTED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14092 CRL.A No. 517 of 2025 THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE ORDER IN SPL.CASE NO.646/2021 DATED 18.02.2025 PASSED BY THE HONBLE LXX ADDL.CITY CIVIL AND SESSION JUDGE AND SPL.JUDGE AT BENGALURU AND ENLARGE THE APPELLANT ON BAIL IN CR.NO.06/2021 (SPL.CASE NO.646/2021) FOR OFFENCE P/U/S 143, 147, 148, 307, 302, 504, 120B, 201 R/W 149 OF IPC AND SEC.3(2)(v) OF SC/ST (POA) ACT AND SEC.25(1)(b) R/W 4 OF INDIAN ARMS ACT BY RESPONDENT RAJAGOPLAL NAGAR P.S. BENGALURU AND PENDING ON THE FILE OF LXX ADDL.CITY CIVIL JUDGE AND SESSION JUDGE AND SPL.JUDGE AT BENGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL JUDGMENT Appellant/accused No.1 in Spl.Case No.646/2021 on the file of the LXX Additional City Civil and Sessions Judge (CCH-71) at Bengaluru, has preferred this appeal, praying to set-aside the order passed by the learned sessions judge dismissing the application seeking bail and consequently to enlarge him on bail in Crime No.6/2021 of Rajagopalnagar Police Station. - 3 - NC: 2025:KHC:14092 CRL.A No. 517 of 2025 2. Heard the learned counsel for the appellant, learned High Court government Pleader for the State and perused the material on record. 3. Respondent No.2/de-facto complainant is served but unrepresented. 4. The appellant along with other accused persons is alleged to have committed the murder of one Srinivas, on account of previous enmity, by assaulting him with lethal weapons on 09.01.2021 at about 1.00 p.m, near 3rd Cross, Site No.515, Kasthuri Layout, Rajagopalnagar, Bengaluru City. 5. Initially, FIR came to be registered against 6 named accused, including the petitioner herein, for offences punishable under Section 143, 147, 148, 307, 302, 504, 120B read with 149 of IPC, Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 25 (1B)(b) read with Section 4 of the Indian Arms Act, 1959. - 4 - NC: 2025:KHC:14092 CRL.A No. 517 of 2025 6. On completion of investigation, charge sheet was filed against accused Nos.1 to 18. Appellant is arraigned as accused No.1. 7. Appellant preferred Crl.Appeal.No.568/2024 before this Court with a similar prayer and the said appeal was dismissed as withdrawn, reserving liberty to him to file a fresh petition before the Sessions Court after the examination of CW21 and CW22. Further, the trial Court was directed to expedite the trial. 8. The learned Sessions Judge vide order dated 18.02.2025, has rejected the bail application, hence, this appeal. 9. CWs.1, 12 to 14, 19, 20, 21, 23 and 24 are said to be the eye witnesses. Except CW21, all the other eye witnesses are examined. It is contended by the learned counsel for appellant that none of the eye witnesses including the de-facto complainant/CW1, sister of the deceased, have supported the prosecution case. Insofar as CW21 is concerned, he contended that, in spite of issuance - 5 - NC: 2025:KHC:14092 CRL.A No. 517 of 2025 of summons, the prosecution has failed to secure the said witness for rendering evidence. 10. In this case, except accused Nos.1, 2 and 5 all the other accused are enlarged on bail including the accused whose names are mentioned in the First Information Report. 11. Learned counsel for the appellant has furnished copy of the bail order passed in Crl.A.No.2166/2024 c/w Crl.A.No.1945/2024 disposed on 06.01.2025 in respect of accused Nos.3 and 4. The overtact attributed against the appellant herein is not different from the one alleged against the accused who are enlarged on bail. 12. In the charge sheet, 80 witnesses are cited as witnesses. Learned High Court Government Pleader submitted that 19 witnesses are examined. This Court, while allowing the prayer for bail in respect of accused Nos.3 and 4 has taken into consideration that the eye witnesses to the incident are already examined by the prosecution and therefore, there is no threat to the said - 6 - NC: 2025:KHC:14092 CRL.A No. 517 of 2025 material witnesses and also that similarly placed accused are enlarged on bail. 13. Conclusion of trial may take considerable time, in view of the number of witnesses yet to be examined. Appellant is in judicial custody from 12.02.2021 i.e., for more than four years. In the said above facts and circumstances, by imposing stringent conditions, petitioner can be admitted to bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Appellant / accused No.1 shall be enlarged on bail in Spl.Case No.646/2021 pending on the file of LXX Additional City Civil and Sessions Judge (CCH-71) at Bengaluru, subject to following conditions: a) He shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Trial Court. - 7 - NC: 2025:KHC:14092 CRL.A No. 517 of 2025 b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall not indulge himself in committing any offence. f) He shall appear before the trial Court on all dates of hearing without fail. g) He shall mark his attendance at the jurisdictional Police Station, preferably on Sunday between 10:00 a.m and 12:00 p.m., till the conclusion of trial or until further orders. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 11 CT: BHK