- 1 - HC-KAR NC: 2025:KHC:21053 CRL.P No. 7066 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7066 OF 2025 BETWEEN: MANJUNATH @ MANJA S/O RAJU AGED ABOUT 45 YEARS NO.48, BYRAVESHWARANAGAR LAGGERE, BANGALORE - 560 058. …PETITIONER (BY SRI NINGARAJA M.N, ADV.) AND: STATE OF KARNATAKA BY REP BY RAJAGOPALNAGAR POLICE STATION, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE ABOVE NAMED PETITIONER ON BAIL IN S.C.NO.1431/2024 (CR.NO.362/2023) OF RAJAGOPALNAGAR POLICE STATION FOR THE OFFENCE P/US/ 307 R/W 34 OF IPC PENDING ON THE FILE OF THE LEARNED LV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CCH-56. 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:21053 CRL.P No. 7066 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.1431/2024 pending before the Court of LV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.362/2003 registered by Rajagopalanagar Police Station, Bengaluru, for the offences punishable under Sections 307 read with Section 34 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.362/2003 was registered Rajagopalanagar Police Station, Bengaluru, for the aforesaid offences against petitioner and two others based on the first information dated 18.08.2003 received from Kaderepathi. After completing investigation in the said case, charge sheet was filed against three persons. Petitioner who was absconding in the said case subsequently was arrested on 21.10.2024 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.9855/2024 was rejected on 30.10.2024 and therefore, he had approached this - 3 - HC-KAR NC: 2025:KHC:21053 CRL.P No. 7066 of 2025 Court in Crl.P.No.12541/2024 which was rejected by the Co- ordinate Bench of this Court on 10.01.2025 reserving liberty to the petitioner to file a fresh petition before the jurisdictional Sessions Court after examination of injured complainant is completed. Subsequently, petitioner had filed bail application before the Trial Court in SC No.1431/2024 which was rejected on 16.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that injured victim CW2 has died during the pendency of the criminal case and the same is reported before the Trial Court on 05.05.2025. Other material charge sheet witnesses CW1 and CW3 are already examined before the Trial Court and they have not supported the case of the prosecution. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:21053 CRL.P No. 7066 of 2025 6. The earlier bail application filed by the petitioner before this Court in Crl.P.No.12541/2024 was dismissed reserving liberty to the petitioner to file a fresh petition before the Sessions Court after examination of the injured complainant- CW2 was completed. Petitioner who has no other criminal antecedents is in custody in the present case from 21.10.2024 onwards. The material made available to this Court by learned counsel for the petitioner would go to show that injured victim CW2 has died during the pendency of this criminal case and the same was reported before the Trial Court in SC No.1431/2024 on 05.05.2025. Even the Death Certificate of CW2 was produced before the Trial Court by Rajagopalanagar Police. The other two material charge sheet witnesses CW1 and CW3 have been already examined before the Trial Court and according to learned counsel for the petitioner, the said witnesses have not supported the case of the prosecution. Be that as it may, the fact remains that CW2, who is the injured victim in the present case has died. Petitioner who has no other criminal antecedents is in custody from 21.10.2024. Other material charge sheet witnesses are already examined. Under the circumstances, I am of the opinion that the prayer made by the petitioner for - 5 - HC-KAR NC: 2025:KHC:21053 CRL.P No. 7066 of 2025 grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1431/2024 pending before the Court of LV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.362/2003 registered by Rajagopalanagar Police Station, Bengaluru, for the offences punishable under Sections 307 read with Section 34 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; - 6 - HC-KAR NC: 2025:KHC:21053 CRL.P No. 7066 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 DN