- 1 - NC: 2025:KHC:12859 CRL.P No. 3319 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3319 OF 2025 BETWEEN: SURYA S/O LATE SUBRAMANYA AGED ABOUT 41 YEARS R/O K.K. NAGAR, NEAR RTO GROUNDS, KANN AGI STREET VIRUGUBAKAM, CHENNAI TOWN, TAMIL NADU - 600 092. …PETITIONER (BY SRI KUMARASWAMY B.N, ADV.) AND: STATE OF KARNATAKA BY TAVAREKERE POLICE STATION RAMANAGARA DISTRICT REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO DIRECT THE RELEASE OF THE PETITIONER ON REGULAR BAIL WHO IS IN CUSTODY FROM LAST 2 YEARS 10 MONTHS IN CONNECTION WITH THE SAID CASE. THIS PETITION, COMING ON ORDERSHEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12859 CRL.P No. 3319 of 2025 ORAL ORDER Accused in S.C.No.75/2022 pending before the Court of III Addl. District & Sessions Judge, Ramanagara arising out of Crime No.114/2022 registered by Tavarekere Police Station, Ramanagara District for the offences punishable under Sections 397 & 302 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.114/2022 was registered by Tavarekere Police Station, Ramanagara District against unknown persons initially for the offence punishable under Section 394 of IPC, on the basis of first information dated 16.03.2022 received from Sri Hanumanthaiah S/o Late Anjinappa, who is the husband of deceased Smt. Jayamma. During the course of investigation of the case, the petitioner herein was arrested and remanded to judicial custody on 21.04.2022. In the meanwhile, the - 3 - NC: 2025:KHC:12859 CRL.P No. 3319 of 2025 injured Jayamma, who was admitted in the hospital had died on 22.03.2022. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.935/2024 was dismissed on 27.11.2024. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that the petitioner has no criminal antecedents and he is in custody for the last nearly three years. The case of the prosecution is based on circumstantial evidence. Out of 49 charge sheet witnesses till date only one witness has been examined. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl.SPP has opposed the petition. She submits that strong circumstantial evidence is available against the petitioner and in the event he is enlarged on bail he is likely to tamper with the prosecution witness. Accordingly, she prays to dismiss the petition. - 4 - NC: 2025:KHC:12859 CRL.P No. 3319 of 2025 7. Perusal of the material on record would go to show that, entire case of the prosecution is based on circumstantial evidence. Though initially FIR was registered against two persons in the present case after investigation charge sheet was filed against the petitioner herein for the aforesaid offences. The petitioner is in custody for the last nearly 3 years. The prosecution in all has cited 49 charge sheet witnesses and till date only one charge sheet witness has been examined as PW.1. It is not in dispute that the petitioner has no other criminal antecedents. 8. Considering the aforesaid aspects of the matter and also taking into consideration the period of incarceration of the petitioner, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: - 5 - NC: 2025:KHC:12859 CRL.P No. 3319 of 2025 ORDER The petitioner is directed to be enlarged on bail in S.C.No.75/2022 pending before the Court of III Addl. District & Sessions Judge, Ramanagara arising out of Crime No.114/2022 registered by Tavarekere Police Station, Ramanagara District for the offences punishable under Sections 397 & 302 of IPC, subject to the following conditions: a) The petitioner shall execute a 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS