- 1 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15598 OF 2025 BETWEEN: 1. PRAVEEN M, S/O LATE MANJUNATHA, AGED ABOUT 25 YEARS, R/AT KARADIGUDDE, D.K LAYOUT, KANAKAPURA TOWN, RAMANAGARA DISTRICT - 562 117. …PETITIONER (BY SRI. SHARATH J.M, ADVOCATE FOR SRI.SHIVARAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KANAKAPURA TOWN POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M, ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL WHO IS ACCUSED NO.2 IN CR.NO.77/2024 (S.C.NO.5067/2024) ON THE FILE OF RESPONDENT KANAKAPURA TOWN P.S. NOW PENDING ON II ADDL.DISTRICT AND SESSIONS JUDGE AT RAMANAGARA SITTING AT KANAKAPURA FOR THE OFFENCE P/U/S 323, 302, 504, 506, 120B R/W 34 OF IPC IN RESPECT OF THE PETITIONER AND ETC., Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 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.2 in S.C.No.5067/2024 pending before the Court of II Additional District and Sessions Judge, Ramanagara sitting at Kanakapura, arising out of Crime No.77/2024 registered by Kanakapura Town Police Station, Ramanagara District for offence punishable under Sections 323, 302, 504, 506, 120B read with Section 34 of IPC is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.77/2024 was registered by Kanakapura Town Police Station, Ramanagara District initially for offences punishable under Sections 302, 504, 506 read with Section 34 of IPC against Aruna and others. Based on the first information dated 27.05.2024 received from Lakshmeesha S/o Gundaiah, who is the son of the - 3 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 deceased and also an alleged injured eye-witness. Petitioner was arraigned as accused No.3 in the FIR. 4. During the course of investigation, petitioner was arrested on 28.05.2024 and subsequently remanded to judicial custody. His bail application filed before the Jurisdiction of Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.14325/2024, which was dismissed as not pressed with liberty to the petitioner to file a fresh petition after examination of alleged eye-witnesses, namely CWs-1 to 3 is completed before the Trial Court. It is under these circumstances, petitioner is before this Court in this successive bail petition. 5. Learned counsel for the petitioner submits that out of the 34 charge sheet witnesses cited in the present case, as on this date 9 witnesses have been examined as PW-1 to PW-9. CW-1 and CW-2 are examined as PW-1 and PW-2 respectively. Prosecution has given up examination - 4 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 of CW-3. Petitioner who has no other criminal antecedent is in custody for the last more than one and half years. The alleged eye-witnesses PW-1 and PW-2 have not supported the case of the prosecution completely. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. She submits that PW-1 and PW-2 have been treated partially hostile. Petitioner and accused No.1 are the persons who have assaulted the deceased with weapon on the vital part of his body. They are eye- witnesses to the incident in question. Accordingly, she prays to dismiss the petition. 7. First information in the present case was submitted by CW-1 Lakshmeesha, who is the son of deceased Gundaiah. In the first information, it is alleged that Accused No.1-Aruna, had earlier quarreled with Rudresh S/o Gundaiah and a case was registered against Rudresh in respect to the said incident and he was - 5 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 arrested and remanded to custody in the said case. Therefore there was an ill will between two families. He has stated that on 27.05.2024, accused persons came near their house armed with deadly weapons and after quarreling with Gundaiah, they assaulted him with weapons and when the first informant tried to interfere, he was also assaulted by them. As a result of the assault made by the accused persons, Gundaiah had succumbed to the injuries on his way to the hospital. Petitioner herein is arraigned as accused No.3 in the FIR. During the course of investigation, he was arrested on 28.05.2024 and after completing investigation charge sheet has been filed against four persons, out of which accused No.4 is said to be a juvenile accused. 8. As per the charge sheet allegation, since Rudresh was arrested in Crime No.50/2024, which was registered based on complaint given by accused No.1-Aruna, there was an ill will between the parties. Gundaiah father of Rudresh allegedly was propagating that Aruna was the - 6 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 cause for Rudresh (CW-8) being jailed. Therefore, Aruna had ill will against Gundaiah and on 27.05.2024, at about 08.00 p.m, accused Nos.1 to 3 and the juvenile accused came near the house of Gundaiah in auto-rickshaw bearing registration No.KA-51-A-1182 which was driven by accused No.1. The accused persons who were armed with weapons allegedly quarreled with Gundaiah and thereafter, accused Nos.1 and 2 allegedly assaulted Gundaiah with iron rod on his head and caused injuries. Accused No.3 allegedly threatened CW-1 and also assaulted Gundaiah with their hands. CW-1, CW-2 and CW-3 are the alleged eye-witnesses to the incident in question. 9. CW-1 has been examined as PW-1 and CW-2 has been examined as PW-2. They have been extensively cross-examined on behalf of the defence and thereafter they were treated as partially hostile witnesses and cross-examined by the Public Prosecutor. It is brought to the notice of this Court that CW-3 who is another alleged - 7 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 eye-witness has been given up by the prosecution. In addition to PW-1 and PW-2, other seven witnesses have been examined as PW-3 to PW-9. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that petitioner is likely to tamper with material prosecution. It is not in dispute that petitioner has no criminal antecedents and he is in custody for the last more than one and half years. He is a youngster aged about 25 years. Only accused No.1 had ill will and motive against deceased and his family members. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail in this successive bail petition needs to be answered affirmatively. Accordingly the following:- ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5067/2024 pending before the Court of II - 8 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 Additional District and Sessions Judge, Ramanagara sitting at Kanakapura, arising out of Crime No.77/2024 registered by Kanakapura Town Police Station, Ramanagara District for offences punishable under Sections 323, 302, 504, 506, 120B 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; d) The petitioner shall not involve in similar offences in future; - 9 - HC-KAR NC: 2025:KHC:52668 CRL.P No. 15598 of 2025 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.: 3