- 1 - NC: 2025:KHC:14906 CRL.P No. 10091 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.10091 OF 2024 BETWEEN: SATHISH @ SATHISH KUMAR @ DILLA S/O DOLLEGOWDA, AGED ABOUT 22 YEARS, R/AT HOUSE NO. 265, MANDAKALLI VILLAGE, KASABA HOBLI, MYSURU TALUK AND DSITRICT - 570001. …PETITIONER (BY SRI PRAVEENKUMAR K S, ADVOCATE) AND: STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, MYSURU DISTRICT, REPRESENTED BY, THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001. …RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.98/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 201 R/W 34 OF IPC NOW PENDING ON THE FILE OF THE HONBLE VII ADDL.DISTRICT AND SESSIONS JUDGE AT MYSURU. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14906 CRL.P No. 10091 of 2024 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 No.3 in S.C.No.98/2021 pending on the file of the VII Additional District and Sessions Judge, Mysuru, arising out of Crime No.8/2021 registered by Vidyaranyapuram Police Station, Krishnaraja Sub Division, Mysuru, for the offences punishable under Sections 302, 201 r/w Section 34 of the Indian Penal Code, is before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR came to be registered in Crime No.08/2021 by Vidyaranyapuram Police, Krishnaraja Sub Division, Mysuru, for the aforesaid offences against one Manjunatha and two others, based on the first information dated 31.01.2021 received from Sri Marikotegowda, father of deceased Satish Kumar. 4. During the course of investigation of the case, petitioner was arrested on 08.01.2021. Investigation of the case is completed and charge sheet has been filed. Petitioner is arrayed as accused No.3 in the charge sheet. His bail application filed before the Court of VII Addl. District and - 3 - NC: 2025:KHC:14906 CRL.P No. 10091 of 2024 Sessions Judge, Mysuru, in S.C.No.98/2021 was rejected on 23.07.2024. Therefore, petitioner is before this Court. 5. A perusal of the material on record would go to show that entire case of the prosecution is based on circumstantial evidence. Petitioner who is aged 22 years is in custody since 08.01.2021. Out of the 45 charge sheet witnesses cited in the present case, till date, prosecution has examined only 24 witnesses as P.Ws.1 to 24. 6. Learned counsel for the petitioner has brought to the notice of this Court that out of the charge sheet witnesses who are examined before the Trial Court as P.Ws.1 to 24, none of the material charge sheet witnesses have supported the case of the prosecution. 7. Be that as it may, case of the prosecution is based on circumstantial evidence. Petitioner has no criminal antecedents and he is in custody for the last more than four years. 8. Under the circumstances, without reference to the merits and demerits of the case, considering the period for which the - 4 - NC: 2025:KHC:14906 CRL.P No. 10091 of 2024 petitioner is in custody, petitioner’s prayer has to answered in the affirmative. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.08 of 2021, Vidyaranyapuram Police Station, Krishnaraja Sub-Division, Mysuru, registered for the offences punishable under Sections 302, 201 r/w Section 34 of the Indian Penal Code, 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 Trial 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; - 5 - NC: 2025:KHC:14906 CRL.P No. 10091 of 2024 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 kcm List No.: 1 Sl No.: 42