- 1 - HC-KAR NC: 2025:KHC:25515 CRL.P No. 8065 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8065 OF 2025 BETWEEN: SRI. SUNIL KUMAR ALIAS SUMANTHA S/O LATE PRASANNACHARI AGED ABOUT 26 YEARS SHIVALLI VILLAGE, DUDDA HOBLI MANDYA TALUK MANDYA 571405 …PETITIONER (BY SMT MANORANJINI, ADVOCATE) AND: 1. THE STATE BY CHAMARAJ NAGAR TOWN POLICE REPTED BY :STATE PUBLIC PROSECUTOR HIGH COURT BUILDNG BENGALURU -560001 2. MANJUNATHA S S/O SURESH AGED ABOUT 29 YEARS SHIVALLI VILLAGE MANDYA TALUK MANDYA DISTRICT PIN CODE 571405 …RESPONDENTS (BY SRI RANGASWAMY.R, HCGP FOR R1) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.108/2022 DATED 27.12.2022 FOR THE OFFENCE P/U/S 302 OF IPC AND CHARGE SHEET DATED 20.06.2023 FILED BY THE CHAMARAJANAGAR POLICE, IN S.C.NO.66/2023 FOR THE OFFENCE PUNISHABLE UNDER Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25515 CRL.P No. 8065 of 2025 SECTION 302, OF IPC PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGARA. 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 in S.C.No.66/2023, pending before the Court of Principal District and Sessions Judge, Chamarajanagara, arising out Cr.No.108/2022, registered by Chamarajanagar Town Police Station, Chamarajanagar, for the offence punishable under Section 302 of IPC, is before this Court in this petition filed under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1/State. 3. First Information Report in Cr.No.108/2022 was registered by Chamarajanagar Town Police Station, for the aforesaid offence against the unknown person, based on the first information dated 27.12.2022, received from Manjunatha S, brother of deceased Sanath Kumar. - 3 - HC-KAR NC: 2025:KHC:25515 CRL.P No. 8065 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 29.03.2023. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offence and his bail application filed before the Sessions Court in S.C.No.66/2023 was rejected on 04.01.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds of the petition has prayed to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. 7. First Information Report in the present case was registered against unknown person. During the course of investigation, petitioner herein was arrested on 29.03.2023. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offence. 8. In the charge sheet it is alleged that petitioner and Sanath Kumar who were friends had gone to Mahadeshwara hills on 26.12.2022 and had stayed there. On 27.12.2022 Sanath Kumar who had earlier informed the petitioner that he had no money, thereafter had disclosed to the petitioner that - 4 - HC-KAR NC: 2025:KHC:25515 CRL.P No. 8065 of 2025 he had sum of Rs.8000/- with him. Therefore, there was a quarrel between the petitioner and Sanath Kumar. 9. It is stated that subsequently, at about 2.15 p.m., on 27.12.2024 petitioner had once again quarrelled with Sanath Kumar and thereafter had committed his murder by strangulating his neck with the help of Veil. The entire case of the prosecution is based on circumstantial evidence. 10. The petitioner is in custody in the present case for more than two years three months. Out of the 47 witnesses cited in the charge sheet, only four witnesses have been examined as P.Ws.1 to 4. It is not in dispute that out of the three cases, which were registered against the petitioner, he has been acquitted in two cases and in one case which is pending against him, he has been already enlarged on bail. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits and demerits of the case. 11. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:25515 CRL.P No. 8065 of 2025 ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.66/2023, pending on the file of the Principal District and Sessions Judge, Chamarajanagar, arising out Cr.No.108/2022, registered by Chamarajanagar Town Police Station, Chamarajanagar, 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 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; - 6 - HC-KAR NC: 2025:KHC:25515 CRL.P No. 8065 of 2025 e) 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 MR