- 1 - NC: 2025:KHC:2322 CRL.P No. 11289 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11289 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. SAKTHIVELU G @ SAKTHI, S/O LATE GOVINDAN, AGED ABOUT 33 YEARS, R/AT NO.56, HOSA NAGAR, NGEF LAYOUT, SADANADAHA NAGAR, BANGALORE - 560 038. …PETITIONER (BY SRI. SAMPATH KUMAR D.S, ADVOCATE) AND: THE STATE OF KARNATAKA BY ITS INSPECTOR, BYAPPANAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AT BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED THE ACCUSED NO.2 ON BAIL IN CR.NO.131/2022 (S.C.NO.225/2023) WHICH IS REGISTERED BY THE BYAPPANAHALLI POLICE FOR THE OFFENCE P/U/S 302, 34 OF IPC AND THE SAID MATTER IS PENDING BEFORE THE COURT OF HONBLE XIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT MAYOHALL UNIT AT BANGALORE (CCH-22). Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2322 CRL.P No. 11289 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / accused No.2 has preferred this petition to enlarge him on bail in S.C.No.225/2023 pending on the file of the Court of XIII Additional City Civil and Sessions Judge at Mayohall, Bengaluru. 2. Heard both sides and perused the material on record. 3. Crime No.131/2022 of Byappanahalli Police Station, Bengaluru City, was registered against accused Nos.1 and 2 for the offence punishable under Section 302 read with Section 34 of IPC, on a complaint lodged by one Pappu Sharma son of Jugal Sharma. 4. On completion of investigation charge-sheet is filed against the accused alleging that on account of previous enmity, both the accused committed the murder of one Rahul Sharma on 08.10.2022 at about 10:00 p.m., assaulting him with machete and knife. - 3 - NC: 2025:KHC:2322 CRL.P No. 11289 of 2024 5. Petitioner who is arraigned as accused No.2, had preferred Crl.P.No.4145/2023 before this Court to enlarge him on bail. The said petition was dismissed vide order dated 06.02.2024, observing that there are eye witnesses to the incident and the injuries found on the dead body corroborates with the statements of eye witnesses. Further, as per post mortem report, 17 injuries are noticed on the dead body and the cause of death is due to shock and haemorrhage as a result of injuries sustained and its sequalae. The injuries are on the fore-head, head and other parts of the body. 6. Learned counsel for petitioner has contended that there is delay in trial and since December,2023, there is no progress in trial as none of the witnesses are examined by the Trial Court. He contended that the petitioner is languishing in judicial custody since 10.10.2022 and therefore, he may be enlarged on bail by imposing any conditions. 7. Learned High Court Government Pleader has opposed the prayer contending that there is a prima-facie case against the petitioner for having committed an offence punishable with death or imprisonment for life. CWs.2 to 4 are the eye witnesses and out of them only CW.2 is examined. He - 4 - NC: 2025:KHC:2322 CRL.P No. 11289 of 2024 contended that CW.2 has supported the case of prosecution and if the petitioner is enlarged on bail, he may tamper other two eye witnesses. Hence, prayed to dismiss the petition. 8. I have perused the entire material on record. 9. As per prosecution, accused No.1 assaulted the deceased on his head, fore-head and hands with a machete and the petitioner / accused No.2 stabbed him on his back with the knife, as a result of which, the deceased sustained fatal injuries and died at the spot. 10. In view of the statements of eye witnesses there is a prima-facie case against the petitioner. The offence committed is heinous in nature, which is punishable with death or imprisonment for life. 11. In this case, one of the eye witnesses namely Dileep Kumar, CW.2 has been examined as PW.1. It is contended by the learned High Court Government Pleader that he has supported the case of prosecution and clearly stated that the petitioner has stabbed the deceased with a knife. The learned counsel for petitioner has contended that there is discrepancy in the statement of CW.2 and his evidence adduced before the Trial Court. - 5 - NC: 2025:KHC:2322 CRL.P No. 11289 of 2024 12. This Court cannot now appreciate the evidence led before the Trial Court. Any observations made may prejudice the case of both the parties. In view of the statements of the eye witnesses, there is a prima-facie case against the petitioner. Hence, this is not a fit case to enlarge the petitioner on bail. 13. Learned High Court Government Pleader has submitted that the Trial Court has issued NBWs to the witnesses. 14. The Trial Court is directed to expedite the trial by securing the witnesses and recording their evidence, at the earliest, keeping in view that the petitioner is in judicial custody. 15. With the above observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 26 CT: BHK