- 1 - NC: 2025:KHC:13606 CRL.P No. 4003 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4003 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SAGAR S S/O LATE N S SHIVAPRAKASH, AGED ABOUT 34 YEARS, R/OF NO.2513/2B, C H NEW KANTHARAJ URS ROAD, 1ST MAIN, MYSURU CITY-570014 …PETITIONER (BY SRI. PARAMESWARAPPA C., ADVOCATE) AND: STATE OF KARNATAKA BY MYSURU SOUTH POLICE STATION, MYSURU RURAL SUB-DIVISION CIRCLE, MYSURU CITY-570010 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU-560001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN THE ABOVE CASE IN CONNECTION WITH CR.NO.310/2021 OF MYSURU SOUTH POLICE STATION, MYSURU CITY FOR THE OFFENCES P/U/S 302, 324, 326 OF IPC, 1860, WHICH IS PENDING BEFORE THE LEARNED IV ADDL. DIST AND SESSIONS JUDGE, AT MYSURU IN S.C.NO.119/2022. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13606 CRL.P No. 4003 of 2025 THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.119/2022 pending before the Court of IV Addl. District and Sessions Judge, Mysuru, arising out of Crime No.310/2021 registered by Mysuru South Police Station, Mysuru, for the offences punishable under Sections 302, 324 and 326 of IPC, is before this Court 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.310/2021 was registered by Mysuru South Police Station, Mysuru, initially for the offences punishable under Sections 302 and 307 of IPC against petitioner herein based on the first information dated 22.10.2021 received from Jayashankara S/o Yakshadhara. During the course of investigation, petitioner herein was arrested on 24.10.2021. After completion of investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached - 3 - NC: 2025:KHC:13606 CRL.P No. 4003 of 2025 this Court in Crl.P.No.10621/2022 which was dismissed with liberty to the petitioner to file a fresh petition after examination of injured eye witness CW2 is completed before the Trial Court. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that petitioner is a person without any criminal antecedents and he is in custody for the last more than three years. CW2 who has been examined before the Trial Court as PW2 has not completely supported the case of the prosecution during the course of his cross-examination. He, accordingly, prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 6. As per the charge sheet allegations, father of the petitioner deceased Shivaprakasha was visiting the house of Latha, who is the another deceased in the present case and petitioner suspected that his father had illicit relationship with Latha and therefore, he had decided to commit the murder of his father Shivaprakasha and also aforesaid Latha. On - 4 - NC: 2025:KHC:13606 CRL.P No. 4003 of 2025 21.10.2021, petitioner allegedly came near the house of Latha when his father was near the said house and after quarrelling with his father Shivaprakasha, he allegedly assaulted Shivaprakasha with a machete and when Latha tried to interfere, he also assaulted Latha with the very same machete and committed murder of Shivaprakasha and Latha. CW2, who is the son of Latha tried to interfere when the petitioner was assaulting his mother and the aforesaid Shivaprakasha, CW2 also suffered grievous injuries on his left hand and other parts of the body. CW2, who is the alleged eye witness to the incident in question has now been examined before the Trial Court as PW2. During the course of his examination, PW2 has not completely supported the case of the prosecution and it is under the said circumstances, he has been cross-examined by the public prosecutor. Out of the 68 charge sheet witnesses, till date, 17 charge sheet witnesses have been examined as PW1 to PW17. Petitioner having no other criminal antecedents is in custody for the last more than three years. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, petitioner's prayer - 5 - NC: 2025:KHC:13606 CRL.P No. 4003 of 2025 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 SC No.119/2022 pending before the Court of IV Addl. District and Sessions Judge, Mysuru, arising out of Crime No.310/2021 registered by Mysuru South Police Station, Mysuru, for the offences punishable under Sections 302, 324 and 326 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; - 6 - NC: 2025:KHC:13606 CRL.P No. 4003 of 2025 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 List No.: 1 Sl No.: 99