- 1 - HC-KAR NC: 2025:KHC:22000 CRL.P No. 7269 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7269 OF 2025 BETWEEN: 1. SUDEEP S/O NAGAPPA AGED ABOUT 28 YEARS R/AT. INAM MUTTALLI VILLAGE SHIKARIPURA TALUK - 577 428 SHIVAMOGGA DISTRICT. 2. NAGARAJ S/O. VENKATESH AGED ABOUT 30 YEARS R/AT. INAM MUTTALLI VILLAGE SHIKARIPURA TALUK - 577 428 SHIVAMOGGA DISTRICT. 3. RAMESH S/O. GIDDAPPA AGED ABOUT 32 YEARS R/AT. INAM MUTTALLI VILLAGE SHIKARIPURA TALUK-577428 SHIVAMOGGA DISTRICT. …PETITIONERS (BY SRI PRASAD B.S, ADV.) AND: STATE OF KARNATAKA BY SHIKARIPURA POLICE STATION SHIKARIPURA, SHIVAMOGGA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22000 CRL.P No. 7269 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.69/2024 PENDING IN THE FILE OF I ADDL. DIST. AND SESSIONS COURT SHIVAMOGGA FOR THE OFFENCE P/US/ 504, 323, 324, 506, 307, 302, 201 R/W 34 OF IPC, REGISTERED BY THE RESPONDENT SHIRALAKOPPA POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 3 in S.C.No.69/2024 and accused No.2 in S.C.No.138/2024 pending before the Court of I Addl. District & Sessions Judge, Shivamogga arising out of Crime No.40/2023 registered by Shiralakoppa Police Station, Shivamogga District, for the offences punishable under Sections 504, 323, 324, 506, 307, 302, 201 R/w 34 of IPC are 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.40/2023 was registered by Shiralakoppa Police Station, Shivamogga District for the aforesaid offences against the petitioners herein, on the - 3 - HC-KAR NC: 2025:KHC:22000 CRL.P No. 7269 of 2025 basis of first information dated 02.03.2023 received from Sri. Hanumantha S/o Shivamurthy. During the course of investigation, accused Nos.1 and 3 were arrested on 04.03.2023 and the case against them was committed to the jurisdictional Sessions Court and numbered as S.C.No.69/2024. Accused No.2 who was absconding had subsequently surrendered before the committal Court on 19.07.2024 and case against him was also committed to the jurisdictional Sessions Court and numbered as S.C.No.138/2024. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.59/2025 was rejected on 31.01.2025. Therefore, they are before this Court. 5. Learned counsel for the petitioners submits that material charge sheet witness, CW.1, who has been examined as PW.1 has turned hostile to the case of the prosecution. The petitioners, who have no other criminal - 4 - HC-KAR NC: 2025:KHC:22000 CRL.P No. 7269 of 2025 antecedents are in custody for a considerable period of time. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the petition does not dispute the fact that material charge sheet witnesses are treated as hostile witnesses in the present case. 7. FIR in the present case was registered against the petitioners, based on the first information dated 02.03.2023 received from Sri Hanumantha (CW1), friend of deceased Somappa. During the course of investigation, accused Nos.1 and 3 were arrested and charge sheet was field against three persons. In the charge sheet it is alleged that Somppa, friend of CW.1 had illicit relationship with Gangamma, mother of accused No.1. Therefore, accused No.1 had a ill-will against Somappa. 8. On 01.03.2023, deceased Somappa and his friend Hanumantha (CW.1) had visited the house of Gangamma and at about 9.00 p.m, accused No.1 and his friend Nagaraja had quarreled with Somappa and - 5 - HC-KAR NC: 2025:KHC:22000 CRL.P No. 7269 of 2025 thereafter they had taken Somappa in their motorbike to a plantation at Malavalli tanda. Accused No.3 allegedly had joined them at Malavalli tanda and thereafter all of them abused Somappa and assaulted him with their hands and wooden club and committed his murder. 9. CW.1, who is the material charge sheet witness in the present case has been examined as PW.1 and he is treated as a hostile witness in the present case. CW.2 and CW.3, who have been examined as PW.2 and PW.3 respectively have also turned hostile to the case of the prosecution. Accused Nos.1 and 3 are in custody for the last more than two years and accused No.2 is in custody for the last nearly one year. 10. Since the material charge sheet witness are already examined there cannot be any apprehension that the petitioners may tamper with the material charge sheet witnesses. Out of the 42 charge sheet witnesses cited in the present case till date the prosecution has examined only 4 charge sheet witnesses as PW.1 to PW4. Therefore, - 6 - HC-KAR NC: 2025:KHC:22000 CRL.P No. 7269 of 2025 chances of trial being completed and case being disposed of on merits in near future is very remote. The petitioners have no other criminal antecedents. 11. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. 12. Accordingly, the following: ORDER Criminal Petition is allowed. Accused Nos.1 and 3 in S.C.No.69/2024 and accused No.2 in S.C.No.138/2024 pending before the Court of I Addl. District & Sessions Judge, Shivamogga arising out of Crime No.40/2023 registered by Shiralakoppa Police Station, Shivamogga District, for the offences punishable under Sections 504, 323, 324, 506, 307, 302, 201 R/w 34 of IPC, are directed to be released on bail subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:22000 CRL.P No. 7269 of 2025 a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS