- 1 - NC: 2025:KHC:11316 CRL.P No. 14229 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14229 OF 2024 BETWEEN: SRI.D.M. NARAYANASWAMY, S/O MYAKALAPPA, AGED ABOUT 40 YEARS, R/AT DINNAHALLI VILLAGE, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 139. …PETITIONER (BY SRI.ABHILASH KUMAR M.N., ADVOCATE FOR SRI.NANJUNDA GOWDA M R., ADVOCATE) AND: THE STATE OF KARNATAKA, BY MASTHI POLICE STATION, KOLAR. REPRESENTED BY STATE PUBLIC PROSECUTOR, BANGALORE - 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.36/2024 REGISTERED BY MASTI POLICE STATION, IN S.C.NO.135/2024 NOW WHICH IS PENDING ON THE FILE OF THE II Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:11316 CRL.P No. 14229 of 2024 ADDL.DISTRICT AND SESSIONS JUDGE AT KOLAR FOR THE OFFENCE P/U/S 302, 201 OF IPC. 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 in S.C.No.135/2024 pending before the Court of II Additional District and Sessions Judge, Kolar, arising out of Crime No.36/2024 registered by Masti Police Station, Kolar, for offences punishable under Sections 302, 201 of IPC is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.36/2024 was registered by Masti Police Station, Kolar, against the petitioner herein for offences punishable under Sections 302, 201 of IPC based on the first information dated 18.02.2024 received from Thimmarayappa, who is the younger brother of deceased Gundappa. - 3 - NC: 2025:KHC:11316 CRL.P No. 14229 of 2024 4. During the course of investigation of the case, petitioner herein was arrested on 21.02.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet has been filed against two persons. Petitioner is arraigned as accused No.1 in the chargesheet. Bail application filed by the petitioner before the Trial Court in S.C.No.135/2024 was rejected on 14th August, 2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that the petitioner who is an agriculturist having no criminal antecedents is custody from 21.02.2024. The alleged eye- witnesses appear to have been planted in the present case. Only for extraneous reasons petitioner has been implicated in the present case. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that there are eye-witnesses to the - 4 - NC: 2025:KHC:11316 CRL.P No. 14229 of 2024 incident in question. Accordingly, he prays to dismiss this petition. 7. Deceased Gundappa is the elder brother of first informant Thimmarayappa and they have a younger brother by name Narayanaswamy, who is married to Kavitha (accused No.2). It is alleged that Kavitha had illicit relationship with the petitioner herein and therefore Kavitha was sent back to her parent's house and it is in this background, petitioner had ill-will against the family members of the first informant. 8. In the first information it is alleged that on 15.02.2024 petitioner had taken Gundappa along with him on the pretext of repairing the bore well in his farm. Thereafter, Gundappa had not returned home. It appears that on 16.02.2024, Gundappa's son Mohan had lodged a complaint before the very same police station about missing of his father and therefore FIR in Crime No.34/2024 was registered. - 5 - NC: 2025:KHC:11316 CRL.P No. 14229 of 2024 9. Perusal of the FIR in Crime No.34/2024 would go to show that there is no mention about the petitioner taking Gundappa with him on 15.02.2024 as alleged in the first information in the present case. 10. In the chargesheet which is now filed, it is alleged that petitioner who had taken Gundappa with him on 15.02.2024, subsequently had dropped a stone on his head in his farmhouse and committed the murder of Gundappa and thereafter had shifted the dead body. 11. Prosecution has cited C.W-2 to C.W-6 as eye-witnesses. Perusal of their statement would go to show that they had last seen the deceased with the petitioner and their statement is belatedly recorded on 23.02.2024. Investigation of the case is completed and chargesheet has been filed. Accused No.2 has been already enlarged on bail by the Jurisdictional Sessions Court. Petitioner is an agriculturist having no criminal antecedents. Trial in the case is yet to commence. Under the circumstances, I am of the opinion that the prayer - 6 - NC: 2025:KHC:11316 CRL.P No. 14229 of 2024 made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.135/2024 pending before the Court of II Additional District and Sessions Judge, Kolar, arising out of Crime No.36/2024 registered by Masti Police Station, Kolar, for offences punishable under Sections 302, 201 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; - 7 - NC: 2025:KHC:11316 CRL.P No. 14229 of 2024 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 KVR List No.: 1 Sl No.: 28