- 1 - HC-KAR NC: 2025:KHC:19129 CRL.P No. 6955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6955 OF 2025 BETWEEN: MOHAN KUMAR A.S @ MANU S/O LATE JAYARAMU AGED ABOUT 26 YEARS R/AT NO.102, RESIDING IN HEMANTHS HOUSE NEAR ESHWARA TEMPLE OLD ROAD SIDDALINGAPURA VILLAGE HAGARE POST KASABA HOBLI MYSURU TALUK, MYSURU DISTRICT - 570 003 PERMANENT R/O DOOR NO.50 ADVIBANTENAHALLI VILLAGE HAGARE POST, MADIHALLI HOBLI BELURU TALUK, HASSAN DISTRICT - 573 216. …PETITIONER (BY SRI RAVI M.M, ADV.) AND: STATE BY METAGALLI POLICE STATION MYSURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN S.C NO.258/2023 IN CRIME NO.56/2023 FOR THE O/P/U/S 302 OF IPC OF THE RESPONDENT METAGALLI POLICE STATION, MYSURU, PENDING ON THE FILE OF IV ADDL.DISTRICT AND SESSIONS JUDGE, MYSURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19129 CRL.P No. 6955 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.258/2023 pending before the Court of IV Addl. District and Sessions Judge, Mysuru, arising out of Crime No.56/2023 registered by Metagalli Police Station, Mysuru, for the offence punishable under Section 302 of IPC, is before this Court in this successive bail petition filed under Section 439 of Cr.P.C. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that petitioner had earlier approached this Court in Crl.P.No.13434/2023 which was dismissed on merits on 22.02.2024. Thereafter, petitioner had once again filed in Crl.P.No.12958/2024 which was dismissed on 24.01.2025 with liberty to the petitioner to prefer a fresh bail application if the trial is not concluded in the next four months. He submits that trial has not been concluded as on this day and the material charge sheet material witnesses namely, CW2 and CW3 have been examined as PW4 and PW5 before the Trial Court, have not supported the case of the - 3 - HC-KAR NC: 2025:KHC:19129 CRL.P No. 6955 of 2025 prosecution. He further submits that all the material charge sheet witnesses have been examined in the present case and there cannot be any apprehension of the petitioner tampering with the prosecution witnesses. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition on the ground that petitioner's bail application which were filed earlier have been rejected on merits and therefore, his prayer cannot be considered. 5. A perusal of the material on record would go to show that entire case of the prosecution is based on circumstantial evidence. CW2 and CW3 are said to be witnesses who have seen the accused and deceased quarrelling with each other and the said witnesses have now been examined as PW4 and PW5 before the Trial Court. Learned counsel for the petitioner has submitted that the said witnesses have not supported the case of the prosecution and therefore, they have been treated as hostile witnesses and this submission is not disputed by learned HCGP. It is also pointed out to this Court that out of 35 charge sheet witnesses, till date 21 charge sheet witnesses have been examined before the Trial Court as PW1 to PW21 and thereby - 4 - HC-KAR NC: 2025:KHC:19129 CRL.P No. 6955 of 2025 all the material charge sheet witnesses have been already examined. Therefore, as rightly contended by learned counsel for the petitioner, there cannot be any apprehension that petitioner is likely to tamper with the prosecution witnesses. Undisputedly, petitioner has no other criminal antecedents. The Co-ordinate Bench of this Court while dismissing the earlier bail petition of the petitioner in Crl.P.No.12958/2024 by order dated 24.01.2025 has reserved liberty to the petitioner to prefer a fresh bail petition if trial is not concluded within the next four months. Learned HCGP on instructions has submitted that trial in the case has not yet concluded. Petitioner is in custody from 25.05.2023 onwards. Considering the aforesaid aspects of the matter and also taking into consideration 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. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.258/2023 pending before the Court of IV Addl. District and Sessions Judge, Mysuru, arising out of Crime No.56/2023 registered by Metagalli Police Station, - 5 - HC-KAR NC: 2025:KHC:19129 CRL.P No. 6955 of 2025 Mysuru, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) Petitioner shall execute a 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 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 DN