- 1 - HC-KAR NC: 2025:KHC:25934 CRL.P No. 8945 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8945 OF 2025 BETWEEN: 1. RAGHUNATHA @ SHAKTIMAN @ RAGHU S/O MARAPPA AGED ABOUT 30 YEARS R/AT NO.19/B, 3RD CROSS NEW MANJUNATHA LAYOUT RAMAMURTHY NAGAR BENGALURU - 560 049. 2. PRABHU @ MALLIKARJUNA @ MALLI S/O HANUMANTHAPPA AGED ABOUT 26 YEARS R/AT NO.170, NEAR GANESHA TEMPLE, SEGEHALLI, K.R. PURAM BENGALURU - 560 049. …PETITIONERS (BY SRI A.S. KULKARNI, ADV.) AND: THE STATE OF KARNATAKA BY K R PURAM POLICE STATION BENGALURU - 560 036 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS/ ACCUSED NO.3 AND 4 ON BAIL IN K.R PURAM POLICE STATION CR.NO.87/2024(SESSIONS CASE NO.695/2024) FOR THE ALLEGED OFFENCES P/U/S 143, 144, 147, 109, 302, 120B R/W 149 OF IPC ON THE FILE OF THE HONBLE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25934 CRL.P No. 8945 of 2025 XIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT MAYOHALL, BENGALURU (CCH-22). 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.3 and 4 in S.C.No.695/2024 pending before the Court of XIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime.No.87/2024 registered by K.R.Puram Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 147, 109, 302, 120B read with 149 of IPC are before this Court under Section 483 of BNSS, 2023 in this successive bail application seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.87/2024 was registered by K.R.Puram Police Station, Bengaluru City initially for the offences punishable under Sections 302, 120B R/w 149 of IPC against Raghavendra and others on the basis of the first information dated 01.02.2024 received from Sri H - 3 - HC-KAR NC: 2025:KHC:25934 CRL.P No. 8945 of 2025 Sandeep, who is the relative of deceased Darshan Murthy. During the course of investigation, the petitioners were arrested on 07.02.2024 and 13.03.2024 respectively and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against eight persons and the petitioners herein are arraigned as accused Nos.3 and 4 in the charge sheet. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court was rejected. Therefore, accused No.4 had approached this Court in Crl.P.No.10030/2024, which was dismissed on merits by the coordinate bench of this Court for the reason that CW.2 and CW.3, who are the alleged eye witnesses in the present case were yet to be examined. Thereafter, the petitioners had filed fresh bail application before the Trial Court in Crl.Misc.No.25423/2025 which was rejected on 20.06.2025. Therefore, they are before this Court in this successive bail application. - 4 - HC-KAR NC: 2025:KHC:25934 CRL.P No. 8945 of 2025 5. Learned counsel appearing for petitioners submits that the petitioners do not have any criminal antecedents. CW.2 and CW.3, who are the alleged eye witness to the incident in question have been examined as PW.2 and PW.3 and the said witnesses have turned hostile to the case of the prosecution. Out of the 34 charge sheet witnesses cited in the present case only five witnesses have been examined till date. Accordingly, he prays to allow the petition. 6. Per contra, the learned HCGP who has opposed the bail application however does not dispute the submission made by the learned counsel for the petitioners. 7. The petitioners were arrested in the present case on 07.02.2024 and 13.03.2024 respectively and ever since then they are in custody. This Court had earlier dismissed Crl.P.No.10030/2024 for the reason that the - 5 - HC-KAR NC: 2025:KHC:25934 CRL.P No. 8945 of 2025 alleged eye witnesses CW.2 and CW.3 were yet to be examined before the Trial Court. CW.2 and CW.3, who are the alleged eye witnesses to the incident in question are now examined before the Trial Court as PW.2 and PW.3. The submission made by learned counsel for the petitioner that PW.2 and PW.3 have turned hostile to the case of the prosecution is not seriously disputed by the learned HCGP. 8. As on this date five charge sheet witnesses have been examined as PW.1 to PW5 and the material on record would go to show that, all the material charge sheet witnesses are all examined. Therefore, there cannot be any apprehension that the petitioners may tamper with the material prosecution witnesses. Out of the 34 charge sheet witnesses cited in the present case only five witnesses have been examined. Under the circumstances, the trial being completed and the case being disposed of in the near soon is very remote. Undisputedly, the petitioners do not have criminal antecedents. - 6 - HC-KAR NC: 2025:KHC:25934 CRL.P No. 8945 of 2025 9. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.695/2024 pending before the Court of XIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime.No.87/2024 registered by K.R.Puram Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 147, 109, 302, 120B read with 149 of IPC, subject to the following conditions: a) The 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; - 7 - HC-KAR NC: 2025:KHC:25934 CRL.P No. 8945 of 2025 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