- 1 - NC: 2025:KHC:17815 CRL.P No. 5584 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5584 OF 2025 BETWEEN: CHANDRU @ ANEKIVI @ ARYA S/O SHIVASWAMY AGED ABOUT 24 YEARS R/AT NO.M 193, 3RD FLOOR 11TH MAIN NEAR TO ARALI TREE KALAPPA BLOCK, SHRINAGAR BENGALURU CITY BENGALURU - 560 050 (AS PER CHARGE SHEET) …PETITIONER (BY SRI GANGADHAR K, ADV., FOR SRI CHANDRASHEKAR R.P, ADV.) AND: STATE BY CHANNAMMANAKERE ACCHUKATTU PS, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN CR.NO.19/2022 OF CHANNAMMANAKERE ACCHUKATTU P.S. WHICH IS PENDING IN S.C.NO.1064/2022 BEFORE THE HONBLE LXVI ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY FOR OFFENCE P/U/S 307,504 R/W 34 OF IPC. 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:17815 CRL.P No. 5584 of 2025 ORAL ORDER Accused in S.C.No.1064/2022 pending before the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.19/2022 registered by Channammanakere Achukattu Police Station, Bengaluru City, for the offences punishable under Sections 307 & 506 R/w 34 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.19/2022 was registered by Channammanakere Achukattu Police Station, Bengaluru City for the aforesaid offences against the petitioner herein and others, on the basis of first information dated 31.01.2022 received from Sri Narasimha Shetty @ Lokesh S/o Late Narasimha Shetty. During the course of investigation, the petitioner herein was arrested on 31.01.2022 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and the petitioner herein is arraigned as accused No.1 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdiction Sessions Court was rejected and therefore he had earlier approached this Court in Crl.P.No.8036/2022, which - 3 - NC: 2025:KHC:17815 CRL.P No. 5584 of 2025 was dismissed on merits vide order dated 26.09.2022. Thereafter, trial in the case is commenced and till date, the prosecution has examined 10 charge sheet witnesses as PW.1 to PW.10. The petitioner has thereafter filed a bail application before the jurisdictional Sessions Court in Crl.Misc.No.6357/2024, which was dismissed on 06.08.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that in all other criminal cases registered against the petitioner he has been enlarged on bail. In the present case the petitioner is in custody for the last more than three years. Accused Nos.2 to 4 have already been granted regular bail in the present case by the Sessions Court. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP has opposed the petition on the ground that the petitioner is a person with criminal antecedents and in the event he is enlarged on bail he is likely to tamper with the material prosecution witnesses. Accordingly, she prays to dismiss the petition. 7. The first informant in the present is the injured victim, who has made allegation against accused No.1 and - 4 - NC: 2025:KHC:17815 CRL.P No. 5584 of 2025 three others that on 31.01.2022 accused named in the FIR had assaulted him with a knife and attempted to commit his murder. During the course of investigation, the petitioner who was arraigned as accused No.1 was arrested on 31.01.2022. The other accused persons named in the FIR were also arrested and charge sheet has been filed against all the four accused persons. 8. The allegation of assaulting the first informant with a knife as found in the charge sheet is against accused No.1. Accused Nos.2 to 4 allegedly had caught hold of the first informant (CW.1) and accused No.1 allegedly stabbed him with a knife. The prosecution has in all examined 10 charge sheet witnesses out of 26 charge sheet witnesses cited in the present case as PW.1 to PW.10. The injured victim CW.1 is examined as PW.1. All the other material charge sheet witnesses are already examined. Therefore, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. 9. It is not in dispute that the petitioner has been enlarged on bail in all the other criminal cases registered - 5 - NC: 2025:KHC:17815 CRL.P No. 5584 of 2025 against him and in fact he has produced copy to that effect along with memo before this Court. Insofar as the present case is concerned, the petitioner is in custody for the last more than three years and the prosecution is required to examine remaining charge sheet witnesses cited in the present case. The alleged offence is not exclusively punishable with death or life imprisonment. 10. Considering the aforesaid aspects of the matter more so the period of incarceration of the petitioner, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without expressing any opinion on merits/demerits of the case. 11. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1064/2022 pending before the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.19/2022 registered by Channammanakere Achukattu Police Station, Bengaluru City, for the offences punishable under Sections 307 & 506 R/w 34, subject to the following conditions: - 6 - NC: 2025:KHC:17815 CRL.P No. 5584 of 2025 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, 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS