- 1 - HC-KAR NC: 2025:KHC:23334 CRL.P No. 12008 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12008 OF 2024 BETWEEN: SRI.AKASH @ DUMMA, SON OF RAMAKRISHNAPA, AGED ABOUT 26 YEARS, RESIDING AT ISLAMPURA MAIN ROAD, DARGA JOGAHALLI, KARENAHALLI, DODDABALAPURA TOWN, DODDABALAPURA TALUK, BANGALURU RURAL DISTRICT - 561 203. …PETITIONER (BY SRI. ANILKUMAR C.D.,ADVOCATE) AND: STATE OF KARNATAKA BY GOWRIBIDANUR TOWN POLICE STATION, CHIKKABALAPURA DISTRICT - 561 208. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER FOR THE RELEASE OF PETITIONER ON REGULAR BAIL IN CR.NO.94/2021 WHICH HAS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23334 CRL.P No. 12008 of 2024 SUBSEQUENTLY CULMINATED INTO S.C.NO.111/2021 FOR THE OFFENCE P/U/S 302, 201 R/W 34 OF IPC, FILED BY GOWRIBIDANUR TOWN POLICE STATION, ON THE FILE OF 3RD ADDL. DIST. AND SESSIONS COURT, CHIKKABALAPURA AT CHIKKABALAPURA. 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.1 in S.C.No.111/2021 pending before the Court of III Additional District and Sessions Judge, Chikkaballapura, arising out of Crime No.94/2021 registered by Gowribidanur Town Police Station, Chickballapura, for offence punishable under Sections 302, 201, 120-B and read with Section 34 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.94/2021 was registered by Gowribidanur Town Police Station, Chickballapura initially against unknown persons, after a missing complaint was - 3 - HC-KAR NC: 2025:KHC:23334 CRL.P No. 12008 of 2024 received from Lavanya P., who is the wife of deceased Vishwanatha N. 4. During the course of investigation of the case, petitioner herein was arrested on 15.07.2021. After completing investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the trial Court in S.C.No.111/2021 was rejected on 23.09.2024. Therefore, petitioner is before this Court. 5. Perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. Allegation of assaulting deceased Vishwanath N, is found in the charge sheet against accused No.1 and 2. Out of the 81 charge sheet witnesses cited in the present case, the prosecution has till date examined 38 charge sheet witnesses as P.W-1 to P.W-38 before the trial Court. Accused No.2 has been granted - 4 - HC-KAR NC: 2025:KHC:23334 CRL.P No. 12008 of 2024 regular bail by the trial Court by order dated 24.04.2024 passed in S.C.No.111/2021 on the ground that the material charge sheet witnesses have been already examined and accused No.4 has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.4689/2022. 6. Undisputedly, petitioner has no other criminal antecedents and he is in custody for the last nearly four years. Since prosecution has examined only 38 charge sheet witnesses out of the 81 charge sheet witnesses cited in the present case, the chances of the trial being completed in the near soon is very remote. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:23334 CRL.P No. 12008 of 2024 The petitioner is directed to be enlarged on bail in S.C.No.111/2021 pending before the Court of III Additional District and Sessions Judge, Chikkaballapura, arising out of Crime No.94/2021 registered by Gowribidanur Town Police Station, Chickballapura, for offence punishable under Sections 302, 201, 120-B and read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC:23334 CRL.P No. 12008 of 2024 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 KVR List No.: 1 Sl No.: 26