- 1 - HC-KAR NC: 2025:KHC:25221 CRL.P No. 4176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4176 OF 2025 BETWEEN: MANIKANTA @ MANI, S/O LATE PUTTIYAPPA, AGED ABOUT 29 YEARS, R/AT VANAKANAHALLI KASABA HOBLI, ANEKAL TALUK, BENGALURU. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. P GYARAPPA., ADVOCATE) AND: THE STATE OF KARNATAKA, BY SURYANAGARA POLICE STATION, REP BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT.RASHMI PATEL., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.224/2022 PENDING FILE OF S.C.NO.5024/2023 OF SURYANAGAR POLICE STATION FOR THE ALLEGED O/P/U/S 302 OF IPC PENDING ON THE FILE OF HONBLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT ANEKAL BENGALURU RURAL DISTRICT. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25221 CRL.P No. 4176 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.1 in S.C.No.5024/2023 is pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal, arising out of Crime No.224/2022 registered by Suryanagar Police Station, Bengaluru District, for offence punishable under Section 302 of IPC, is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.224/2022 was registered by Suryanagar Police Station, Bengaluru District, for the aforesaid offence against petitioner herein, based on the first information dated 01.08.2022, received from Veera Bhadra Reddy. 4. During the course of investigation of the case, petitioner herein was arrested on 04.08.2022 and - 3 - HC-KAR NC: 2025:KHC:25221 CRL.P No. 4176 of 2025 subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in S.C.No.5024/2023 was rejected on 08.10.2024. Therefore, petitioner is before this Court. 5. Perusal of the material on record would go to show that deceased Madamma, was the wife of the petitioner herein. It is alleged that on 01.08.2022, complainant heard noise from the house of accused No.1 and since accused No.1 and his wife were often quarrelling with each other, he had gone near the house of accused No.1 to enquire about the quarrel. He saw accused No.1 running away from the house and subsequently, he also saw accused No.2 coming out of the house. In the charge sheet, it is alleged that accused No.1 had strangulated the neck of his wife and committed her murder. The entire - 4 - HC-KAR NC: 2025:KHC:25221 CRL.P No. 4176 of 2025 case of the prosecution is based on circumstantial evidence. 6. Postmortem reports states that death is due to Asphyxia as a result of strangulation of neck. Complainant had seen accused No.1 as well as accused No.2 coming out of the house in which dead body of Madamma was found. Accused No.2 has been granted regular bail by this Court in Crl.P.No.5410/2023 disposed of on 14.08.2023. Petitioner who has no criminal antecedents is in custody from 04.08.2022. Trial in the case is under progress and prosecution is yet to examine majority of the charge sheet witnesses cited in the present case. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is very remote. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, - 5 - HC-KAR NC: 2025:KHC:25221 CRL.P No. 4176 of 2025 considering the period of petitioner's incarceration. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5024/2023 is pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal, arising out of Crime No.224/2022 registered by Suryanagar Police Station, Bengaluru District, for offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute 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; - 6 - HC-KAR NC: 2025:KHC:25221 CRL.P No. 4176 of 2025 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 KVR List No.: 1 Sl No.: 40