- 1 - NC: 2025:KHC:15187 CRL.P No. 4311 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4311 OF 2025 BETWEEN: SRIDHAR C S/O GAJENDRA @ CHANDRAPPA AGED ABOUT 25 YEARS RESIDING AT NEKKUDI DOMMASANDRA BADAVANE, SARJAPURA HOBLI ANEKAL TALUK, BENGALURU URBAN DISTRICT, PIN CODE - 562 125. …PETITIONER (BY SMT. BADURUNNISA, ADV. SRI VENKATESH B.K, ADV.) AND: THE STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER, VATHUR POLICE STATION BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.34/2023 OF VARTHUR P.S., BENGALURU CITY, REGISTERED FOR THE ALLEGED OFFENCE P/US/ 302,120-B R/W SEC.34 OF IPC NOW Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15187 CRL.P No. 4311 of 2025 PENDING BEFORE THE HONBLE IXTH ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN S.C.NO.153/2023. 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 No.1 in SC No.153/2023 pending before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District, Benglauru, arising out of Crime No.34/2023 registered by Varthur Police Station, Bengaluru City, for the offences punishable under Sections 302, 120B read with Section 34 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. Petitioner had earlier approached this Court in Crl.P.No.1482/2024 which was dismissed as withdrawn on 25.04.2024 with liberty to the petitioner to file a fresh bail petition after examination of CW3 to CW6 is completed before the Trial Court. - 3 - NC: 2025:KHC:15187 CRL.P No. 4311 of 2025 4. Learned counsel for the petitioner submits that CW3 to CW6 have been examined before the Trial Court as PW2 to PW5. The said witnesses have turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. It is not in dispute that petitioner has no other criminal antecedents. He is in custody in the present case from 12.02.2023 onwards. The material charge sheet witnesses CW3 to CW6, who are allegedly the eye witnesses to the incident in question have been examined before the Trial Court as PW2 to PW5. PW2 to PW5 have turned hostile to the case of the prosecution and though they have been cross-examined by the public prosecutor, nothing material has been elicited from their mouth which is incriminating as against the accused. Considering the aforesaid aspects of the matter and also the period of incarceration of the petitioner, I am of the opinion that the prayer made by the petitioner for regular bail, needs to be answered affirmatively. Accordingly, the following order:- - 4 - NC: 2025:KHC:15187 CRL.P No. 4311 of 2025 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.153/2023 pending before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District, Benglauru, arising out of Crime No.34/2023 registered by Varthur Police Station, Bengaluru City, for the offences punishable under Sections 302, 120B read with Section 34 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; - 5 - NC: 2025:KHC:15187 CRL.P No. 4311 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