- 1 - NC: 2025:KHC:3188 CRL.P No. 13457 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13457 OF 2024 BETWEEN: SANTHOSH S. @ PRATHAP, S/O LATE DEVENDRA, AGED ABOUT 32 YEARS, RESIDING AT NO. 3RD CROSS, NEAR CHIKKA MARKET, MANDI MOHAL, MYSORE CITY - 570 001. PRESENTLY R/O AT NO. WORKERS ROOM, THIRUPATHI BEEMAS HOTEL, 1ST MAIN, A SECTOR, CHIKKABOMMASANDRA, YELAHANKA NEW TOWN, BENGALURU - 560 064. …PETITIONER (BY SRI. PRASANNA RAO R., ADVOCATE) AND: STATE BY YELAHANKA NEW TOWN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.252/2024 OF RESPONDENT YELAHANAKA Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3188 CRL.P No. 13457 of 2024 NEW TOWN P.S., REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC, 1860, PENDING ON THE FILE OF THE HONBLE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-67) IN S.C.NO.1228/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in Crime No.252/2024 of Yelahanka New Town Police Station registered for an offence punishable under Section 302 of IPC. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent / State and perused the material on record. 3. It is the case of prosecution that, deceased Gajendra Bahaddur Soud and his wife were staying in a shed situated near one Tirupathi Beemas Hotel belonging to CW-21. He was doing car washing work in the garage - 3 - NC: 2025:KHC:3188 CRL.P No. 13457 of 2024 and in the evening he was working as house keeper in the hotel. The accused was working as a kitchen helper in the said hotel. There used to be quarrel between the accused and the deceased. CW-21 had removed the accused from work. Accused was under the impression that at the behest of deceased, he was removed from work and therefore, he was grinding axe against the deceased. 4. On 17.05.2024 at about 6.30 p.m., accused took the deceased from his house and went to one Bindas Bar and Restaurant. Both of them consumed alcohol. Thereafter, accused took the deceased near one Pulse Pharmacy Organics and Ayurveda Supplement Cosmetics Pet Food shop. He picked up quarrel with the deceased and hit him with a cement hollow brick on his head and committed the murder. 5. Learned counsel for petitioner has contended that there are no eye witnesses to the incident and the allegation that petitioner has committed the murder is without any material. He contended that the materials on - 4 - NC: 2025:KHC:3188 CRL.P No. 13457 of 2024 which the prosecution is relying are not sufficient to detain the accused in custody. Petitioner is in judicial custody since 18.05.2024 and he is ready and willing to abide by any conditions. Accordingly, he has sought to allow the petition. 6. Learned High Court Government Pleader has contended that there are CCTV footages, wherein, the deceased was seen in the company of accused during the relevant time. The Manager and suppliers of Bindas Bar and Restaurant have given statements about the deceased and accused having alcohol together in the said bar. The accused has made extra judicial confession before CW-23. He contended that blood stained pant and shirt have been recovered at the instance of the accused and even earlier, he was convicted for an offence punishable under Section 302 of IPC and if he is enlarged on bail, there are chances of tampering the prosecution witnesses and committing similar offence. Hence, he prays to dismiss the petition. - 5 - NC: 2025:KHC:3188 CRL.P No. 13457 of 2024 7. The first informant is the wife of deceased. She has stated that on the date of incident at about 7.30 p.m., petitioner came to the house and took her husband and thereafter her husband did not return. She was informed by one Narendra and Varun that her husband has been murdered. 8. There are materials to show that the petitioner and the deceased went to the bar and restaurant together. Deceased was in the company of the accused prior to the incident. The prosecution has also collected CCTV footages. CW-23 has given statement about the extra judicial confession made by the accused. Blood stained pant and shirt have been recovered at the instance of the accused. 9. Petitioner was earlier convicted for an offence punishable under Section 302 of IPC in S.C.No.5015/2014 by the III Additional District and Sessions Judge, Mandya. - 6 - NC: 2025:KHC:3188 CRL.P No. 13457 of 2024 10. Considering the above facts and circumstances, this is not a fit case to enlarge the petitioner on bail. Petition is accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE MCR List No.: 1 Sl No.: 23 CT: BHK