- 1 - HC-KAR NC: 2025:KHC:21784 CRL.P No. 6897 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6897 OF 2025 BETWEEN: RAMESH R S/O LATE BABU AGED ABOUT 34 YEARS RESIDING AT KANANYA VILLAGE BHATUR TALUK, DAKSHINA KANNADA DISTRICT - 574 279. …PETITIONER (BY SRI RAVIKUMARA B.R, ADV.) AND: STATE BY KUNIGAL POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THIS PETITIONER IN CR.NO.254/2022 (NOW NUMBERED AS S.C.NO.32/2023) IN KUNIGAL P.S. FOR THE ALLEGEED OFFENCES PUNISHABLE UNDER SECTION 301, 201 AND 34 OF IPC PENDING BEFORE THE 6TH ADDL. DISTRICT AND SESSION JUDGE, AT TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21784 CRL.P No. 6897 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.32/2023 pending before the Court of VI Addl. District & Sessions Judge, Tumakuru, arising out of Crime No.254/2022 registered by Kunigal Police Station, Tumakuru District, for the offences punishable under Sections 302, 201 R/w 34 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.254/2022 was registered by Kunigal Police Station, Tumakuru District for the aforesaid offences against Manjunath and others, on the basis of first information dated 18.07.2022 received from Sri Mahesha R. S/o Rangaswamy, who is the owner of brick factory, in which accused and the deceased were working. During the course of investigation, the petitioner herein was arrested on 18.07.2022 and subsequently remanded - 3 - HC-KAR NC: 2025:KHC:21784 CRL.P No. 6897 of 2025 to judicial. After completing investigation, charge sheet has been filed against three persons and the petitioner herein is arraigned as accused No.2 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.495/2025 was dismissed on 16.04.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, entire case of the prosecution is based on circumstantial evidence. The allegation in the charge sheet against accused is that deceased Sakhi, who was working along with accused persons in the brick factory belonging to the first informant was allegedly moving very closely with accused No.1 and therefore other accused were teasing accused No.1 in this regard. This allegedly caused embarrassment to accused No.1 and therefore he had conspired with accused Nos.2 and 3 to eliminate Sakhi. 6. On 17.07.2022, the accused persons on the pretext of heating sambar allegedly summoned Sakhi - 4 - HC-KAR NC: 2025:KHC:21784 CRL.P No. 6897 of 2025 inside the factory premises and thereafter accused Nos.1 and 3 allegedly pushed Sakhi to the ground and held her down. Accused No.2 allegedly assaulted Sakhi with a knife on her neck and committed her murder. Entire case of the prosecution is based on circumstantial evidence. 7. Accused No.1 has been granted regular bail by this Court in Crl.P.No.6786/2023 disposed of on 31.08.2023 while accused No.3 has been granted regular bail by this Court in Crl.P.No.13634/2023 disposed of on 18.04.2024. The petitioner, who has no criminal antecedents is in custody from 18.07.2022. Though the prosecution has cited 19 charge sheet witnesses till date the prosecution has failed to examine any one of the charge sheet witnesses before the Trial Court. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:21784 CRL.P No. 6897 of 2025 ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.32/2023 pending before the Court of VI Addl. District & Sessions Judge, Tumakuru, arising out of Crime No.254/2022 registered by Kunigal Police Station, Tumakuru District, for the offences punishable under Sections 302, 201 R/w 34 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, 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; - 6 - HC-KAR NC: 2025:KHC:21784 CRL.P No. 6897 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS