- 1 - HC-KAR NC: 2025:KHC:21183 CRL.P No. 3581 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.3581 OF 2025 BETWEEN: SHARAN M. S/O. MANOJ KUMAR AGED ABOUT 22 YEARS RESIDING AT 7-6-822/3 NEAR NATIONAL TILES FACTORY MANGALORE-575 008. …PETITIONER (BY SRI ARUNA BANGERA, ADVOCATE) AND: STATE OF KARNATAKA BY BARKE POLICE STATION MANGALORE D.K.W REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-01. …RESPONDENT (BY SMT. RASHMI PATEL, H.C.G.P.) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.PC PRAYING TO ENLARGE THE ACCUSED ON REGULAR BAIL IN CRIME NO.44 OF 2020, BARKE POLICE STATION IN S.C.NO.55 OF 2021 ON THE FILE OF THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANGALURU, D.K., FOR THE ALLEGED OFFENCES UNDER SECTIONS 120(B), 109, 143, 147, 148, 504, 302, 201, 212 R/W 149 OF IPC AND UNDER SECTION 27(1) OF THE ARMS ACT. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21183 CRL.P No. 3581 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in S.C.No.55/2021 pending before the Court of IV Additional District and Sessions Judge at Mangaluru, D.K. District, arising out of Crime No.44/2020 registered by Barke Police Station, Dakshina Kannada for offences punishable under Section 302 and 34 of IPC and Section 28(1) of Arms Act, is before this Court under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. 2. Heard learned counsel for the parties. 3. First Information Report in Crime No.44/2020 was registered by Barke Police Station, Mangaluru initially for offence punishable under Section 302 read with Section 34 of IPC against unknown persons based on the first information dated 26.11.2020 received from Kum. Sahana, sister of deceased Indrajith. During the course of investigation, petitioner herein was arrested on - 3 - HC-KAR NC: 2025:KHC:21183 CRL.P No. 3581 of 2025 28.11.2020 and subsequently remanded to judicial custody. Investigation is completed and charge sheet has been filed against eleven persons. Petitioner is arrayed as accused No.4 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in S.C.No.55/2021 was rejected on 12.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused Nos.3 and 5 have been granted regular bail by this Court in Criminal Petition No.457/2025 and Criminal Petition No.5999/2025 respectively. He submits that all the material charge sheet witnesses have been examined and the said witnesses have not supported the case of the prosecution. Petitioner who has no criminal antecedents is in custody for the last more than four years. Accordingly prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:21183 CRL.P No. 3581 of 2025 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 6. Material on record would go to show that F.I.R. in the present case was registered against unknown persons. During the course of investigation, petitioner herein was arrested on 28.11.2020. Undisputedly petitioner has no criminal antecedents. Before the Trial Court all the material charge sheet witnesses have been examined and according to the learned counsel for the petitioner, the said material charge sheet witnesses have not supported the case of the prosecution. Be that as it may, the fact remains material charge sheet witnesses have been examined and therefore, there cannot be any apprehension that there is a likelihood of tampering the material charge sheet witnesses in the event petitioner is enlarged on bail. Accused No.3 has been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Petition No.457/2025. Considering the aforesaid aspects of the - 5 - HC-KAR NC: 2025:KHC:21183 CRL.P No. 3581 of 2025 matter, thereafter accused No.5 has been enlarged on bail by this Court in Criminal Petition No.5999/2025 on 06.06.2025. Under the circumstances, I am of the view that without expressing any opinion on the merits of the matter, prayer made by the petitioner for regular bail needs to be answered in the affirmative. Accordingly the following :- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.44/2020 registered by Barke Police Station, Dakshina Kannada for offences punishable under Sections 120B, 109, 143, 147, 148, 504, 302, 201, 212 read with Section 149 of IPC and Section 27(1) of Arms Act subject to the following conditions :- a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:21183 CRL.P No. 3581 of 2025 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 NG List No.: 1 Sl No.: 34