- 1 - HC-KAR NC: 2025:KHC:23867 CRL.P No. 5122 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5122 OF 2025 BETWEEN: 1. PRAMODA @ KAADU S/O. LATE MANJUNATHA, AGED ABOUT 26 YEARS R/O C/O MUNISIDDEGOWDA BUILDING, 2ND CROOS, CHIKKEGOWDANADODDI, HASSAN DISTRICT- 573201 …PETITIONER (BY SRI. CHETHAN B.,ADVOCATE) AND: 1. THE STATE BY MANDYA EAST POLICE STATION. MANDYA - 571401 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C NO.05/2025 (CRIME NO.50/2024) REGISTERED BY THE RESPONDENT MANDYA EAST POLICE MANDYA FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 324, 307, 302, 212, 504, 34 OF THE INDIAN PENAL CODE, ON THE FILE OF THE HONBLE II Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23867 CRL.P No. 5122 of 2025 ADDL.DISTRICT AND SESSIONS COURT AT MANDYA ON SUCH TERMS AND CONDITIONS, AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. 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.2 in S.C.No.5/2025 pending before the Court of II Additional District and Sessions Judge, Mandya, arising out of Crime No.50/2024 registered by the Mandya East Police Station, Mandya, for the offences punishable under Sections 324, 307, 302, 212, 504, 34 of IPC, 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.50/2024 was registered by the Mandya East Police Station, Mandya for the aforesaid offences against Bharath and Others, based on the first information dated 10.04.2024 received from Abilash who is the brother of the deceased Akshay. During the course of investigation of the case, petitioner herein who is arraigned as accused No.2 in the FIR was arrested and subsequently remanded to Judicial Custody. After completion of investigation, charge sheet has - 3 - HC-KAR NC: 2025:KHC:23867 CRL.P No. 5122 of 2025 been filed against 3 persons and the petitioner herein is arrayed as accused No.2 in the charge sheet. His bail application filed before the Trial Court in S.C.No.5/2025 was rejected on 17.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, the allegation of assaulting the deceased with the deadly weapon is only against accused No.1. The petitioner herein allegedly assaulted the injured victim Hemanth (C.W.2). In the earlier two crimes registered against the petitioner, he has already been enlarged on bail. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader opposes to allow the petition. She submits that there are eye- witnesses to the incident in question, and C.W.2 is a injured eye-witness to the incident. If the petitioner is enlarged on bail, he may tamper with the prosecution witnesses. Accordingly, she sought for dismissal of the petition. 6. FIR in the present case was submitted by Abilash who is the brother of the deceased Akshay. In the first information dated 10.04.2024, he has stated that there was an ill will between accused No.1 - Bharath and his brother - - 4 - HC-KAR NC: 2025:KHC:23867 CRL.P No. 5122 of 2025 Akshay, because they had earlier assaulted Bharath and a case was registered against them for offence punishable under Section 307 of IPC. 7. On 01.04.2024, at about 7.30 p.m., Akshay had gone out with his friend Hemanth (C.W.2) and others and at about 11.30 p.m, the first informant was informed by his cousin brother Manu, that Akshay and Hemanth were assaulted with deadly weapons and they are in the hospital. Thereafter the first informant went to the Hospital where injured was admitted, and found injured Hemanth in the Hospital. On enquiry, the injured Hemanth allegedly informed the first informant that at about 11.20 p.m., accused who were named in the FIR came in a two wheeler armed with deadly weapons and assaulted them. In the said incident, Akshay had died at the spot and Hemanth was admitted to the hospital for the injuries sustained. 8. During the course of investigation, petitioner herein was arrested and remanded to judicial custody. After completion of investigation, charge sheet has been filed against 3 persons and accused No.3 named in the FIR has been - 5 - HC-KAR NC: 2025:KHC:23867 CRL.P No. 5122 of 2025 dropped from the charge sheet. The case before the Trial Court is still at the stage of hearing before charge. 9. Perusal of the statement of the injured eye-witness Hemanth (C.W.2) and other eye-witnesses namely C.W.3 to C.W.7 goes to show that the allegation of assaulting the deceased with deadly weapon and committing his murder is only against accused No.1-Bharath. So far as the petitioner herein is concerned, he allegedly assaulted Hemanth (C.W.2) who had sustained grievous injuries in the incident and was subsequently admitted to the hospital. However, the injured who was admitted to the hospital was later discharged on 19.04.2024 and his condition is now stable. Undisputedly, in the earlier two criminal cases registered against the petitioner, he was granted regular bail. 10. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following – - 6 - HC-KAR NC: 2025:KHC:23867 CRL.P No. 5122 of 2025 ORDER 10. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.50/2024 registered by the Mandy East Police Station, Mandya, for the offences punishable under Sections 302, 307, 324, 212, 504 r/w 34 of IPC, subject to the following conditions: a) Petitioner shall execute 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; e) The petitioner shall appear before the Station House Officer, Mandya East Police Station, Mandya on every 1st Sunday of the month and mark his attendance between 10 a.m. to 1.p.m., for a period of one year from today. - 7 - HC-KAR NC: 2025:KHC:23867 CRL.P No. 5122 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 HR