- 1 - NC: 2025:KHC:13800 CRL.P No.3366/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3366/2025 BETWEEN: MR. MAHESHA @ DEVARAGUDDA S/O CHIKKAHONNANAYAKA AGED ABOUT 54 YEARS R/AT KUDLURU VILLAGE KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT-5571440. …PETITIONER (BY SRI. KUMARA K.G. ADV.,) AND: STATE BY KARNATAKA BY TALAKADU POLICE STATION MYSURU DISTRICT-571122. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE ON BAIL IN S.C.NO.229/2021 (CRIME NO.41/2020) REGISTERED BY THE RESPONDENT TALAKADU POLICE) FOR THE OFFENCES P/U/S 302, 201, R/W 34 OF IPC, PENDING ON THE FILE OF VII ADL. DISTRICT AND SESSIONS JUDGE, MYSURU IN THE INTEREST OF JUSTICE. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:13800 CRL.P No.3366/2025 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 No.1 in S.C.No.229/2021 pending before the Court of VII Additional District and Sessions Judge, Mysuru arising out of Crime.No.41/2020 registered by Talakadu police station, Mysuru District for the offences punishable under Sections 302, 201 r/w 34 of IPC is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.41/2020 is registered by Talakadu police station, Mysuru for the aforesaid offences against the petitioner and others based on the first information dated 12.03.2020 received from Srinivasha S/o deceased Rajamma. During the course of investigation of the case, the petitioner herein was arrested on 13.03.2020 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against four persons, petitioner is - 3 - NC: 2025:KHC:13800 CRL.P No.3366/2025 arrayed as accused No.1 in the charge sheet. The bail application filed before the trial Court in S.C.No.229/2021 was rejected on 09.08.2024. Therefore, he is before this Court. 4. Petitioner who has no other criminal antecedent is in custody in the present case for the last more than five years. Accused Nos.3 and 4 have been already granted regular bail in the present case and accused No.2 is said to have died. Therefore, case as against accused No.2 stands abated. Before the trial Court till date only 18 charge sheet witnesses have been examined by the prosecution out of the 46 charge sheet witnesses cited in the present case. 5. Considering the nature of allegations found against the petitioner in the charge sheet and also his period of incarceration, I am of the opinion that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of - 4 - NC: 2025:KHC:13800 CRL.P No.3366/2025 regular bail needs to be granted. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.229/2021 pending before the Court of VII Additional District and Sessions Judge, Mysuru arising out of Crime.No.41/2020 registered by Talakadu police station, Mysuru District for the offences punishable under Sections 302, 201 r/w 34 of IPC, subject to the following conditions: 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; - 5 - NC: 2025:KHC:13800 CRL.P No.3366/2025 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 ABK List No.: 1 Sl No.: 43