- 1 - NC: 2025:KHC:12910 CRL.P No. 3354 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. 3354 OF 2025 BETWEEN: SURYA S/O THIRATHAGIRI, AGED ABOUT 18 YEARS RESIDING AT TALAPATHI NAGRA VILLAGE, UTANAGARAI TALUK, KRISHNA GIRI DISTRICT TAMILNADU, (THE PETITIONER IS IN OBSERVATION HOME) …PETITIONER (BY SRI MAHESHA M, ADV.) AND: STATE OF KARNATAKA REP BY SHO OF SRIRANGAPATNA P.S REP BY SPP, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITION IN CONNECTION WITH SPL.C.NO.276/2023 ARISING OUT OF CR.NO.105/2023 OF SRIRANGAPATNA P.S., FOR THE OFFENCES P/U/S 302 OF IPC, PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANDYA. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12910 CRL.P No. 3354 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 1. Accused in Special Case No.276/2023 pending before the Court of Principal District and Sessions Judge, Mandya, arising out of Crime No.105/2023 registered by Srirangapatna Police Station, Mandya, for the offence punishable under Section 302 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.105/2023 was registered by Srirangapatna Police Station, Mandya, against unknown person for the offences punishable under Sections 302 and 376 of IPC based on the first information dated 15.05.2023 received from Savitha W/o late Sriram. During the course of investigation, petitioner herein was arrested on 28.07.2023 and subsequently, remanded to judicial custody. After completing investigation, charge sheet was filed against the petitioner who was a juvenile, for the offence punishable under Section 302 of - 3 - NC: 2025:KHC:12910 CRL.P No. 3354 of 2025 IPC. His bail application filed before the Trial Court in Special Case No.276/2023 was rejected on 07.02.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. A perusal of the material on record would go to show that FIR was initially registered against unknown person. During the course of investigation, petitioner was arrested on 28.07.2023 and after completing investigation, charge sheet was filed against the petitioner. As per the charge sheet allegations, petitioner had demanded money from his elder sister Gangamma as he intended to go to his native place in Tamilnadu. Since she refused to pay him money, he allegedly tried to steal money from her house. On the date of the incident, petitioner had entered the house of Gangamma with an intention to steal money but it appears that Gangamma woke up and petitioner, who apprehended that she will inform his brother about his conduct, allegedly assaulted her with a stone on her face and head and committed her murder. - 4 - NC: 2025:KHC:12910 CRL.P No. 3354 of 2025 Petitioner was aged about 16 years at the time of alleged crime and he is in custody from 28.07.2023 onwards. CW 3 - Bhoopathi, who is the son of the deceased, is allegedly an eye witness to the incident in question. FIR was registered based on the first information received from Smt. Savitha, who has stated that based on information received by her, she had approached the police. Before the Trial Court, two charge sheet witnesses have been examined. CW 3, son of the deceased who is the alleged eye witness has been examined as PW2 before the Trial Court. The said witness has not supported the case of the prosecution and he is treated as hostile witness. Petitioner, who is now aged about 18 years, is in custody for the last about 20 months. His continued detention amongst hard core criminals is likely to have adverse impact on his career. Considering the aforesaid aspects of the matter, 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:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.276/2023 pending before the Court of Principal District and Sessions Judge, Mandya, - 5 - NC: 2025:KHC:12910 CRL.P No. 3354 of 2025 arising out of Crime No.105/2023 registered by Srirangapatna Police Station, Mandya, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) Petitioner shall execute a 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; 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 DN