- 1 - NC: 2025:KHC:13650 CRL.P No. 3333 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3333 OF 2025 BETWEEN: MR. PRASANNA KUMAR G, SON OF LATE. GOVINDAPPA, AGED ABOUT 43 YEARS, C/O. NARAYANAPPA, NEAR SHIVALINGA TEMPLE, MASEEDI ROAD, UPPARAHALLI, TUMAKURU - 572 101. …PETITIONER (BY SRI. KRISHNA MOHANA REDDY C, ADVOCATE) AND: STATE OF KARNATAKA BY JAYANAGARA POLICE STATION, TUMAKURU - 572 102, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER HEREIN SC NO.195 OF 2022, PENDING ON THE FILE OF THE HONBLE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU REGISTERED BY JAYANAGARA POLICE STATION, TUMAKURU IN CRIME NO.61 OF 2022 FOR O/P/U/S 302 OF IPC. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13650 CRL.P No. 3333 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 in S.C.No.195/2022 pending before the Court of VI Additional District and Sessions Judge, Tumakuru, arising out of Crime No.61/2022 registered by Jayanagara Police Station, Tumakuru District, for the offence punishable under Section 302 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.61/2022 was registered by Jayanagara Police Station, Tumakuru District, for the offence punishable under Section 302 of IPC against the petitioner herein based on the first information dated 03.06.2022 received from Annappa G S/o Late.Govindappa, who is brother of the petitioner and son of deceased Thimmakka. - 3 - NC: 2025:KHC:13650 CRL.P No. 3333 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 03.06.2022. Investigation of the case is completed and charge sheet is filed against him for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.1626/2023 was rejected on 22nd November, 2023. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last nearly three years. Prosecution has till date examined 18 charge sheet witnesses and all material charge sheet witnesses have turned hostile to the case of the prosecution. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. - 4 - NC: 2025:KHC:13650 CRL.P No. 3333 of 2025 7. Perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. As per the charge sheet allegation, petitioner was addicted to alcohol and was regularly demanding money from his mother-Thimakka for the purpose of consuming alcohol. On 02.06.2022, he allegedly had demanded money from his mother Thimakka to consume alcohol and when she refused, he allegedly had assaulted her with his hands and when she fell down he allegedly had kicked her on her stomach and ribs and as a result Thimakka had died at the spot. 8. Petitioner is in custody in the present case from 03.06.2022, till date prosecution has examined 18 charge sheet witnesses as P.W-1 to P.W-18. It is brought to the notice of this Court that material charge sheet witnesses have not supported the case of the prosecution and they have been treated as hostile witnesses in the present case. Prosecution has in all cited 32 charge sheet witnesses in the present case. Petitioner has no other - 5 - NC: 2025:KHC:13650 CRL.P No. 3333 of 2025 criminal antecedents. Since the material charge sheet witnesses have been examined before the trial Court, there cannot be any apprehension that the petitioner is likely to tamper with the prosecution witnesses in the present case. Considering the aforesaid aspects of the matter and also having regard to the period of petitioner's incarceration, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.195/2022 pending before the Court of VI Additional District and Sessions Judge, Tumakuru, arising out of Crime No.61/2022 registered by Jayanagara Police Station, Tumakuru District, for the offence punishable under Section 302 of IPC, subject to the following conditions: - 6 - NC: 2025:KHC:13650 CRL.P No. 3333 of 2025 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; 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 his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 80 CT: BHK