- 1 - HC-KAR NC: 2025:KHC:19144 CRL.P No. 14225 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14225 OF 2024 BETWEEN: RAKESH @ KURI S/O RANGANATHAPPA, AGED ABOUT 20 YEARS, RESIDING AT KAREJAVANAHALLI, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 125 …PETITIONER (BY SRI. RAVIKUMARA B.R, ADVOCATE) AND: STATE BY KALLAMBELLA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING-560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THIS PETITIONER IN CRIME NO.63/2023 (NOW NUMBERED AS S.C.NO.112/2022 ON THE FILE OF THE 6tH ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU) FOR THE OFFENCE P/US/ 302,201,109 OF IPC PENDING BEFORE THE PRINCIPAL CIVIL JUDGE SIRA, TUMAKURU DISTRICT, TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19144 CRL.P No. 14225 of 2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.112/2022 pending before the Court of VI Additional District & Sessions Judge, Tumukuru, arising out of Crime No.63/2022, registered by Kallambella Police Station, Tumakuru District, for the offences punishable under Sections 302, 201 and 109 of IPC, is before this Court in the successive bail application filed under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned Counsel appearing for the parties. 3. FIR in Crime No.63/2022 was registered by Kallambella Police Station, Tumakuru, for the offences punishable under Sections 302 and 301 of IPC against the unknown persons based on the first information dated 09.04.2022 received from Hanumantharayappa, who is the father of the deceased Raju K.H. During the course of investigation, the petitioner herein was arrested on 10.04.2022 and subsequently remanded to judicial - 3 - HC-KAR NC: 2025:KHC:19144 CRL.P No. 14225 of 2024 custody. After completing investigation, charge sheet is filed against the two persons and the petitioner is arrayed as accused No.1 in the charge sheet. The bail application filed before the Jurisdictional Sessions Court was rejected. Therefore, he had approached this Court in Crl.P.No.6783/2023 which was dismissed as withdrawn with liberty to file fresh petition after examination of material witnesses and is completed before the trial Court. Subsequently, the trial in the case had commenced and the prosecution has in all examined 15 charge sheet witnesses as PW.1 to PW.15. The bail application filed by the petitioner before the trial Court, subsequently, Crime No.1344/2024 was rejected on 09.09.2024. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is aged about 21 years and he has no criminal antecedents and he is in custody for the last 3 years. Material charge sheet witnesses have not supported - 4 - HC-KAR NC: 2025:KHC:19144 CRL.P No. 14225 of 2024 the case of the prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 6. FIR in the present case was initially filed against unknown persons. During the course of investigation, the petitioner and another accused were arrested. After completing the investigation, charge sheet has been filed against the said accused persons. In the charges sheet, it is alleged that the petitioner had illicit relationship with accused No.2, who was the wife of the deceased Raju. In this background, on 08.04.2022 after making the deceased to consume alcohol, the petitioner had allegedly committed his murder by dropping a stone on his head. The entire case of the prosecution is based on the circumstantial evidence. The prosecution has in all examined 15 charge sheet witnesses as PW.1 to PW.15 including the material charge sheet witnesses, who were - 5 - HC-KAR NC: 2025:KHC:19144 CRL.P No. 14225 of 2024 examined as PW.3 and PW.4. The submission made by the learned counsel for the petitioner that all the charge sheet witnesses, who have been examined, have not supported the case of the prosecution, is not seriously disputed by the learned HCGP. The petitioner aged about 21 years, he is in custody for the last three years and he has no criminal antecedents. Under these circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.112/2022 pending before the Court of VI Additional District & Sessions Judge, Tumukuru, arising out of Crime No.63/2022, registered by Kallambella Police Station, Tumakuru District, for the offences punishable under Sections 302, 201 and 109 of IPC, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:19144 CRL.P No. 14225 of 2024 a) The petitioner shall execute a 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; 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 KTY List No.: 1 Sl No.: 38