- 1 - NC: 2025:KHC:10586 CRL.P No.11230/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.11230/2024 BETWEEN: NARASIMHAMURTHY G @ KIRAN @ NARASIMHA SO GANGA BYLAPPA AGED ABOUT 22 YEARS R/AT. NO.56, HYADALU MYLANAHALLI, NELAMANGALA BELAGAVI DISTRICT-590001. (NOW IN JC) …PETITIONER (BY SRI. SRINIVASA M.G. ADV.,) AND: THE STATE OF KARNATAKA BY RMC YARD POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENAGLURU-560001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER ON BAIL IN S.C.NO.1370/2023 (ARISING OUT OF CR.NO.49/2023) OF RMC YARD P.S. FOR AN ALLEGED OFFENCE P/U/S 307, 302, 120B, 506 R/W 34 OF IPC PENDING ON THE FILE OF HON'BLE CITY CIVIL SESSIONS JUDGE AT BENGALURU. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10586 CRL.P No.11230/2024 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 in S.C.No.1370/2023 pending before the Court of LXV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.49/2023 registered by RMC Yard Police Station, Bengaluru City, for the offences punishable under Sections 307, 302, 120B, 506 read with Section 34 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.49/2023 was registered by RMC Yard Police Station, Bengaluru City, initially for the offence punishable under Section 307 read with Section 34 of IPC against Kiran and others. Petitioner is arrayed as accused No.1 in the FIR. During the course of investigation, petitioner was arrested on 24.04.2023. Investigation of the case is completed and charge sheet - 3 - NC: 2025:KHC:10586 CRL.P No.11230/2024 has been filed against four persons. The bail application of the petitioner filed before the jurisdictional Sessions Court in Crl.Misc.No.8996/2024 was rejected on 14.10.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents and is in custody for the last more than 22 months. Accused Nos.2 to 4 have been granted regular bail by this Court in Crl.P.No.9631/2023, Crl.P.1169/2024 and Crl.P.2336/2024. CW-1, who allegedly was present along with the deceased at the time of incident, has turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that though CW-1 has turned hostile, the other witnesses have supported the case of the prosecution. The allegation against accused Nos.2 to 4 is that they had instigated the petitioner to assault the deceased and it is only accused - 4 - NC: 2025:KHC:10586 CRL.P No.11230/2024 No.1 who had assaulted and committed murder of the deceased. Accordingly, he prays to dismiss the petition. 6. CW-1 Manjunath is the eye-witness to the incident in question, he was present along with the deceased at the time of incident and also allegedly tried to intervene when accused No.1 allegedly assaulted the deceased Umapathi with knife. Accused Nos.2 to 4, who had allegedly instigated the petitioner-accused No.1 to assault the deceased and commit his murder, have been granted bail by this Court in Crl.P.No.9631/2023, Crl.P.1169/2024 and Crl.P.2336/2024. CW-1 has been examined before the trial Court as PW-3 and he has turned hostile to the case of the prosecution. Though the Public Prosecutor has cross-examined PW-3, nothing material has been elicited from the mouth of PW-3, which is incriminating against the petitioner. 7. Petitioner, who has no other criminal antecedents, is in custody for the last more than 22 months. Out of 47 charge sheet witnesses cited in the - 5 - NC: 2025:KHC:10586 CRL.P No.11230/2024 present case, only 15 witnesses have been examined before the trial Court as PWs-1 to PW-15. The material charge sheet witnesses are said to have been examined, therefore, there cannot be apprehension that the petitioner is likely to tamper with the prosecution witnesses. Considering the aforesaid aspects of the matter and the period of incarceration of the petitioner, his prayer for regular bail needs to be granted. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1370/2023 pending before the Court of LXV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.49/2023 registered by RMC Yard Police Station, Bengaluru City, for the offences punishable under Sections 307, 302, 120B, 506 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 - 6 - NC: 2025:KHC:10586 CRL.P No.11230/2024 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; 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. Sd/- (S. VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 36