- 1 - NC: 2025:KHC:15730 CRL.P No. 3598 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.3598 OF 2025 BETWEEN: SUBRAMANI @ SUBBU S/O LATE KRISHNAPPA AGED ABOUT 36 YEARS R/AT. 11TH MAILI KALLU MALLOHALLI COLONY, MADURAI HOBLI DODDABALLAPURA TALUK BANGALORE DISTRICT-561203. …PETITIONER (BY SRI. M. KRISHNE GOWDA, ADV., FOR SMT. SHIVAMMA D, ADV.,) AND: STATE OF KARNATAKA STATE BY DODDABELAVANGALA PS REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.174/2023 OF DODDABELAVANGALA POLICE, NOW IN SC.NO.10024/2024, PENDING BEFORE THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT DODDABALLAPURA, FOR THE OFFENCES P/U/S 302 R/W 34 OF IPC IN THE INTEREST OF JUSTICE. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:15730 CRL.P No. 3598 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 No.2 in S.C.No.10024/2024 pending before the Court of IV Additional District and Sessions Judge, Doddaballapura arising out of Crime.No.174/2023 registered by Doddabelavangala police station, Bengaluru District for the offences punishable under Section 302 r/w 34 of IPC is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime.No.174/2023 was registered by Doddabelavangala police station, Bengaluru District initially for offences punishable under Section 302 of IPC against Ravi and another based on the first information dated 23.10.2023 received from Jayamma, who is the mother of the deceased Gangaraj. During the course of investigation of the case, petitioner herein was arrested on - 3 - NC: 2025:KHC:15730 CRL.P No. 3598 of 2025 01.11.2023. After completing the investigation, charge sheet has been filed against three persons and the petitioner herein is arrayed as accused No.2 in the charge sheet. His bail application filed before the Jurisdictional Sessions court in Crl.Misc.No.10226/2023 was rejected on 02.02.2024. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner's name is not found in the FIR and only the name of accused Nos.1 and 2 is found in the FIR. During the course of investigation, petitioner herein was arrested on 01.11.2023. Investigation of the case is completed and charge sheet has been filed against three persons and the petitioner herein is arrayed as accused No.2 in the charge sheet. As per charge sheet allegation accused No.3. Smt.Bhagyamma was married to deceased Gangaraj and from the wedlock they had three children. Accused No.1 is the younger brother of Gangaraj. It is alleged that accused No.1 had illicit relationship with accused No.3 and it is in this background on 13.10.2023, - 4 - NC: 2025:KHC:15730 CRL.P No. 3598 of 2025 Gangaraj had allegedly quarreled with accused No.1 and also had assaulted him. Therefore, accused No.1 had conspired with accused Nos.2 and 3 to commit the murder of his brother Gangaraj. On 23.10.2023, accused Nos.1 to 3 came to the house of Gangaraj at about 11:30 a.m., and after quarrelling with him they pushed him to the ground and accused No.2 allegedly sat on the back of Gangaraj and held him towards the ground. Accused No.3 allegedly caught hold of the legs of Gangaraj and accused No.1 allegedly dropped a grinding stone on the head of Gangaraj and committed his murder. Entire case of the prosecution is based on circumstantial evidence. It is not in dispute that petitioner has no other criminal antecedent. He is in custody for the last more than one year five months. Before the Trial Court the case is still at the stage of framing of charges. Prosecution in all has cited 35 charge sheet witnesses in the present case. 5. Considering the aforesaid aspects of the matter without expressing any opinion on the merits and demerits - 5 - NC: 2025:KHC:15730 CRL.P No. 3598 of 2025 of the case, the prayer of the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.10024/2024 pending before the Court of IV Additional District and Sessions Judge, Doddaballapura arising out of Crime.No.174/2023 registered by Doddabelavangala police station, Bengaluru District for the offences punishable under Section 302 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; - 6 - NC: 2025:KHC:15730 CRL.P No. 3598 of 2025 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 ABK List No.: 1 Sl No.: 45