- 1 - NC: 2025:KHC:1164 CRL.P No. 12519 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 12519 OF 2024 BETWEEN: MR. SUBODH @ SUBODHKUMAR, S/O HARI MOHAN MAHATHO, AGED ABOUT 26 YEARS, PERMANENT RESIDENT OF GULARI YATRI VILLAGE, KAWAKOLA THANA, LALAPUR PANCHAYATH, NAWADA DISTRICT, BIHAR STATE. PIN CODE - 805 106 …PETITIONER (BY SRI. NEHRU .P., ADVOCATE) AND: STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION PIN CODE - 563 131 REPRESENTED BY HCGP, HIGH COURT COMPLEX, BENGALURU - 560 001 …RESPONDENT (BY SMT. K.P. YASHODHA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT HIM BAIL IN SC.NO.15043/2023 ARISING OUT OF CR.NO.123/2023 OF CHIKKAJALA P.S., FOR THE ALLEGED OFFENCES P/U/S 302 OF IPC, PENDING ON THE FILE OF THE LEARNED V ADDITIONAL DISTRICT SESSIONS JUDGE, DEVANAHALLI. Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:1164 CRL.P No. 12519 of 2024 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner-sole accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.123/2023 of Chikkajala Police Station, pending in S.C.No.15043/2023, on the file of the learned V Additional District and Sessions Judge, Bengaluru Rural sitting at Devanahalli, registered for the offences punishable under Section 302 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Pramanand Kumar. 2. Heard Sri. Nehru P, learned counsel for the petitioner and Smt. Yashodha K.P. learned High Court Government Pleader for the respondent -State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: - 3 - NC: 2025:KHC:1164 CRL.P No. 12519 of 2024 “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The petitioner being the sole accused is seeking grant of bail. He was apprehended on 31.07.2023 and since then, he is in judicial custody. Initially, FIR came to the registered against the petitioner on the basis of first information lodged by the informant. Investigation was undertaken and the charge sheet came to be filed. 5. CW2 is the circumstantial witness, who had last seen the deceased in the company of the accused. As per PM report, the deceased sustained as many as 13 external injuries and death was due to hemorrhagic shock, as a result of head injury sustained. The weapon used in commission of the offence is said to be a concrete slab, which was found near the scene of occurrence. Nothing has been recovered at the instance of the petitioner. There are no eyewitnesses to the incident. Under these circumstances, detention of the petitioner - 4 - NC: 2025:KHC:1164 CRL.P No. 12519 of 2024 in custody would amount to infringement of his right to life and liberty. Admittedly, the trial has not yet began. Prosecution has cited as many as 34 witnesses. Examination of these witnesses may take sufficiently longer period of time. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution. 5. Learned High Court Government Pleader submits that since the petitioner is the permanent resident of Bihar, securing his presence may be a difficult task and hence, prays for insisting for a local surety. 6. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in No.123/2023 of Chikkajala Police Station, pending in S.C.No.15043/2023, on the file of the learned V Additional District and Sessions Judge, Bengaluru Rural sitting at Devanahalli, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties (of which, atleast - 5 - NC: 2025:KHC:1164 CRL.P No. 12519 of 2024 one shall be the local surety) for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 4