- 1 - HC-KAR NC: 2025:KHC:25996 CRL.P No. 4972 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.4972 OF 2025 BETWEEN: KUMAR .B S/O LATE BASAVARAJU, AGED ABOUT 32 YEARS, RESIDING AT #754/A, K.G. COMPLEX, IIIRD FLOOR, 1ST BLOCK, RAMAKRISHNAGARA, MYSORE-570004. …PETITIONER (BY SRI RAJU C.N., ADVOCATE) AND: STATE BY KUVEMPUNAGAR POLICE, MYSORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE, PIN CODE NO-560 009. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.183/2024 ON THE FILE OF VTH ADDL. SESSIONS JUDGE AT MYSORE, ARISING OUT OF CRIME NO.49/2024 OF KUVEMPU NAGARA POLICE, FOR THE OFFENCE P/US/ 302, 498A, 307, 504, 326 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT, BY ALLOWING THIS PETITION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25996 CRL.P No. 4972 of 2025 ORAL ORDER Accused No.2 in SC No.183/2024 pending before the Court of V Additional Sessions Judge, Mysuru arising out of Crime No.49/2024 registered by Kuvempunagar Police Station, Mysuru for the offences punishable under Sections 302, 307, 498A, 504 and 326 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.49/2024 was registered by Kuvempunagar Police Station for the aforesaid offences against Ravichandra and others based on the first information dated 08.06.2024 received from Vidya .S, wife of accused No.1- Ravichandra. 4. During the course of investigation of the case, the petitioner herein, who was arrayed as accused No.2 in the FIR, was arrested on 09.06.2024 and subsequently, he was remanded to judicial custody. After completion of the investigation, charge sheet has been filed against five persons. Petitioner was arrayed as accused No.2 in the charge-sheet. - 3 - HC-KAR NC: 2025:KHC:25996 CRL.P No. 4972 of 2025 His bail application filed before the jurisdictional Sessions Court in S.C. No.183/2024 was rejected on 26.10.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner, reiterating the grounds urged in the petition, submits that there is no allegation against the petitioner about he assaulting the deceased-Abhishek, either in the first information or in the statement of eyewitness, i.e., C.W.10-Kaushik. Though the injured victim-Gowtham is cited as a charge sheet witness, his statement has not been recorded by the police in the present case. The allegation against the petitioner is that he assaulted Gowtham with a weapon. The petitioner, who has no criminal antecedents, is in custody for more than one year. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP opposed the bail petition. She submits that there are eyewitnesses to the incident in question and in the event the petitioner is enlarged on bail, he may tamper with the prosecution witnesses. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:25996 CRL.P No. 4972 of 2025 7. Perusal of the material on record would go to show that the marriage of the first informant-Vidya with accused No.1-Ravichandra was solemnized about four years prior to the date of registration of the FIR. From the wedlock, they have a child aged about 3 years. It appears that the relationship between the couple got subsequently strained, for the reason that the accused persons were demanding money from the family of the first informant. On 08.06.2024, accused No.1 had quarreled with his wife-Vidya and this was informed by her to her mother over phone. Subsequently, the mother and the brother of the first informant had come near the house of accused No.1. Accused No.1 and the petitioner allegedly had quarreled even with the mother and the brother of the first informant and they were also allegedly assaulted. At that time, police allegedly came to the spot and had specified both the parties. 8. Subsequently, at about 12.00 p.m. when the first informant went inside the house to take her belongings, accused No.1 and the petitioner allegedly informed her to summon her brother-Abhishek, who had gone back. - 5 - HC-KAR NC: 2025:KHC:25996 CRL.P No. 4972 of 2025 Immediately, the first informant telephoned her brother, who informed her that he would be coming near the house. Thereafter, her brother-Abhishek came to the house along with his friends Kaushik and Gowtham and when he went near the house of accused No.1, he was allegedly stabbed on his chest by accused No.1-Ravichandra. When Kaushik and Gowtham tried to intervene, accused No.1 and the petitioner allegedly assaulted Gowtham with a knife and as a result, Gowtham also suffered injuries. 9. From a reading of the first information submitted by the alleged eyewitness to the incident in question, who is the wife of the first informant, it is apparent that the allegation of stabbing the deceased-Abhishek is made by her only against her husband-accused No.1. She has alleged that thereafter, accused Nos.1 and 2 had assaulted Gowtham with a knife and caused grievous injuries. C.W.10-Kaushik is another eyewitness to the incident and his statement was recorded under Section 161 of Cr.P.C. He has stated that accused No.1 had stabbed deceased-Abhishek and there is no specific overt act alleged against the petitioner by C.W.10. - 6 - HC-KAR NC: 2025:KHC:25996 CRL.P No. 4972 of 2025 10. The injured victim-Gowtham, who is cited as C.W.6 in the charge sheet, would have been the best witness to speak about the assault on him by the accused persons. Learned HCGP on instruction has submitted that the statement of CW.10 is not recorded by the Investigating Officer. Accused No.1 who is arrested in the present case is in custody. Accused Nos.3 to 5 have been enlarged on bail. So far as the petitioner is concerned, he is in custody for more than one year and he has no criminal antecedents. 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. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.183/2024 pending before the Court of V Additional Sessions Judge, Mysuru, arising out of Crime No.49/2024 registered by Kuvempunagar Police Station, Mysuru, for offences punishable under Sections 302, 498A, 307, 504 and 326 read with Section 34 of IPC and Sections 3 and 4 - 7 - HC-KAR NC: 2025:KHC:25996 CRL.P No. 4972 of 2025 of the Dowry Prohibition Act, 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; 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 MBM/List No.: 1 Sl No.: 31