- 1 - NC: 2025:KHC:17612 CRL.P No. 5468 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5468 OF 2025 BETWEEN: SATHISH DUBEY S/O LATE C.N. CHANDRASHEKAR AGED ABOUT 40 YEARS R/AT MAJHELPUR VILLAGE MARFKPUR POST, SADIYAL POST CHANDAUIL, UTTAR PRADESH - 221 115. …PETITIONER (BY SRI RAJA K.P, ADV.) AND: STATE BY HUNSUR TOWN P.S REPRESENTED BY SPP HIGH COURT OF KARANTAKA AT BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI AJAY N, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT BAIL TO THE PETITIONER IN CONNECTIONS WITH CRIME NO.258/2023 OF S.C.NO.5013/2024 OF HUNSUR TOWN POLICE STATION, FOR THE ALLEGED OFFENCE P/US/ 302 AND 201 OF IPC, WHICH IS PENDING BEFORE THE LEARNED VIII ADDL. DISTRICT AND SESSIONS COURT AT MYSURU SITTING AT HUNSUR IN THE ABOVE CASE. 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 NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17612 CRL.P No. 5468 of 2025 ORAL ORDER Accused in S.C.No.5013/2024 pending before the Court of VIII Addl. District & Sessions Judge, Mysuru (sitting at Hunsur), arising out of Crime No.258/2023 registered by Hunsur Town Police Station, Mysuru District for the offences punishable under Sections 302 & 201 of IPC is before this Court seeking regular bail. 2. Heard the learned appearing for the parties. 3. FIR in Crime No.258/2023 was registered by Hunsur Town Police Station, Mysuru District against the unknown person for the aforesaid offences, on the basis of first information dated 20.12.2023 received from Sri Purandar S/o late Appaji Rao, who had found a dead body of a unknown male stranger. During the course of investigation, the petitioner was arrested on 24.12.2023. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. 4. The bail application filed by the petitioner before the Sessions Court in S.C.No.5013/2024 was dismissed on 18.01.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:17612 CRL.P No. 5468 of 2025 5. Perusal of the material on record would go to show that, deceased Changappa was closely acquainted to the petitioner and on 19.12.2023, the petitioner and CW-7 Santhosh had gone along with deceased to his native place at Palybetta in Kodagu District and on the same day, deceased had traveled from palybetta to Hunsur and allegedly had taken a room in a lodge and checked into the room along with the petitioner and CW7 Santhosh. Subsequently, Santhosh allegedly had returned to Bengauru and thereafter the petitioner and deceased Changappa had consumed alcohol inside the room in the lodge. At about 22.42 hours, they had checked out the hotel room and on their way back to Bengaluru, the petitioner allegedly had assaulted Changappa with a cement brick on his head and had committed his murder. 6. Entire case of the prosecution is based on circumstantial evidence. The petitioner, who has no other criminal antecedents is in custody from 24.12.2023. Trial in the case is yet to commence. The prosecution in altogether has cited 40 charge sheet witnesses in the present case. - 4 - NC: 2025:KHC:17612 CRL.P No. 5468 of 2025 7. 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. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5013/2024 pending before the Court of VIII Addl. District & Sessions Judge, Mysuru (sitting at Hunsur), arising out of Crime No.258/2023 registered by Hunsur Town Police Station, Mysuru District for the offences punishable under Sections 302 & 201 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum(out of which one surety shall be local surety), 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; - 5 - NC: 2025:KHC:17612 CRL.P No. 5468 of 2025 d) 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 NMS