- 1 - HC-KAR NC: 2025:KHC:22190 CRL.P No. 9611 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9611 OF 2024 BETWEEN: RANGAIAH G.R., S/O. RANGAHANUMAIAH, AGED ABOUT 39 YEARS, R/AT NEAR GANGADHRESHWARA, SAMUDHAYA BHAVANA, GANGASANDRA, KASABA HOBLI, TUMKUR - 572 122. …PETITIONER (BY SRI G.S. PRASANNA KUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY TUMAKURU RURAL POLICE, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CR1L.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE PETITIONER BAIL FOR THE ALLEGED OFFENCE P/U/S 120B, 302 AND 181 R/W 34 OF IPC IN S.C.NO.40/2021 (CRIME NO.13/2021) OF THE RESPONDENT TUMKUR RURAL POLICE, ON THE FILE OF THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR. Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22190 CRL.P No. 9611 of 2024 THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.40/2021 is pending before the Court of II Additional District and Sessions Judge, Tumkur, arising out of Crime No.13/2021 registered by Tumkur Rural Police Station, Tumkur for the offence punishable under Sections 120B, 302 and 181 read with Section 34 of Indian Penal Code (for short 'IPC') is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.13/2021 was registered by Tumkur Rural Police Station, Tumkur for the offence punishable under Section 302 of IPC against unknown persons based on the first information dated 16.01.2024 - 3 - HC-KAR NC: 2025:KHC:22190 CRL.P No. 9611 of 2024 received from Nirmala (accused No.2) wife of deceased Sunil Kumar @ Prasad. 4. During the course of investigation of the case, petitioner herein was arrested on 18.01.2021 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected earlier and therefore, he had approached this Court in Crl.P.No.5627/2021 which was dismissed on 23.09.2021 reserving liberty to the petitioner to file a fresh bail petition after material charge sheet witnesses CW1 to CW16 are examined before the Trial Court. It is under this circumstance, the petitioner is before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that before the Trial Court, till date, 23 charge sheet witnesses - 4 - HC-KAR NC: 2025:KHC:22190 CRL.P No. 9611 of 2024 have been examined i.e., PW1 to PW. CW1 to CW16 have been already examined before the Trial Court. Petitioner who has no criminal antecedents is in custody for the last more than four years, accused No.2 has been already enlarged on bail. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 7. FIR in the present case was registered against unknown persons based on the first information received from Smt. Nirmala (accused No.2) wife of deceased Sunil Kumar. 8. During the course of investigation, petitioner and accused No.2 were arrested and remanded to judicial custody. In the charge sheet it is alleged that accused Nos.1 and 2 were having illicit relationship. Therefore, they had conspired and committed the murder of Sunil - 5 - HC-KAR NC: 2025:KHC:22190 CRL.P No. 9611 of 2024 Kumar. The entire case of the prosecution is based on circumstantial evidence. 9. Accused No.2 has been already enlarged on bail in the present case. Petitioner's earlier bail application was rejected with liberty to file a fresh bail application after examination of material charge sheet witnesses is completed. CW1 to CW16 who are the material charge sheet witnesses have been already examined before the Trial Court. Petitioner who has no other criminal antecedent is in custody for more than four years. Out of the 41 charge sheet witnesses cited in the present case, till date, 23 charge sheet witnesses have been examined. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that petitioner is likely to tamper with the material prosecution witnesses. 10. Under these circumstances, I am of the view that without expressing any opinion on the merits and demerits - 6 - HC-KAR NC: 2025:KHC:22190 CRL.P No. 9611 of 2024 of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.40/2021, pending before the Court of II Additional District and Sessions Court, Tumkur arising out of Crime No.13/2021 of Tumkur Rural Police Station, Tumkur registered for the offences punishable under Sections 120B, 302 and 181 read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute 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; - 7 - HC-KAR NC: 2025:KHC:22190 CRL.P No. 9611 of 2024 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 CR List No.: 1 Sl No.: 20