- 1 - HC-KAR NC: 2025:KHC:26806 CRL.P No. 8681 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8681 OF 2025 BETWEEN: ANIL KUMAR S/O NANJAPPA AGED ABOUT 27 YEARS R/AT # 327, GUNJUR PALYA JOGI COLONY, VARTHUR HOBLI BANGALORE - 560 025. …PETITIONER (BY SRI KRISHNE GOWDA M, ADV.) AND: STATE OF KARNATAKA STATE BY VARTHUR P.S RPTDBY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.70/2021 OF VARTHUR POLICE, NOW IN S.C NO.155/2021 AND PENDING TRAIL BEFORE HONBLE IX ADDL. DIST. AND SESSIONS JUDGE AT BANGALORE RURAL DISTRICT BENGALURU FOR THE O/P/US/ 143,147,302,120B,201,203,109, R/W 149 OF IPC. 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:26806 CRL.P No. 8681 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.155/2021 pending before the Court of IX Addl. District & Sessions, Bengaluru Rural District, arising out of Crime No.70/2021 registered by Varthur Police Station, Bengaluru City for the offences punishable under Sections 143, 147, 302, 120B, 201, 203 & 109 R/w 149 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.70/2021 was registered by Varthur Police Station, Bengalurtu City initially for the offences punishable under Section 302, 201, 120B, 109 R/w 149 of IPC against one Yashodamma and others, on the basis of first information dated 18.03.2021 received from Sri Manjunath, police officer attached to Varthur Police Station. During the course of investigation, the petitioner was arrested on 10.03.2021 and subsequently - 3 - HC-KAR NC: 2025:KHC:26806 CRL.P No. 8681 of 2025 remanded to judicial custody. After completing investigation in the case charge sheet has been filed against five persons and the petitioner is arraigned as accused No.2 in the charge sheet. 4. The bail application filed by the petitioner before the trial Court was rejected and therefore he had approached this Court in Crl.P.No.7925/2021, which was rejected on 27.01.2022. Thereafter, he had once again approached this Court in Crl.P.No.10874/2023, which was disposed of on 10.01.2024. It is Under these circumstances, the petitioner is before this Court in this third successive bail application. 5. Learned counsel for the petitioner submits that the entire case of the prosecution is based on circumstantial evidence. The petitioner, who has no criminal antecedents is in custody for the last more than four years. Accused Nos.3 and 4 are already enlarged on - 4 - HC-KAR NC: 2025:KHC:26806 CRL.P No. 8681 of 2025 bail in the present case. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. 7. The material on record would go to show that, accused Nos.1 and 5 are the wife and son of the deceased and they had conspired to commit the murder of deceased and accordingly had contacted accused No.2 for the purpose of murdering deceased Subbarayappa. In furtherance of such conspiracy, on 21.01.2021, accused Nos.2 to 4 had dashed the scorpio car bearing registration No.KA-H-3850 against the two-wheeler of the deceased Subbarayappa and had committed his murder. Initially a case for road traffic accident was registered and subsequently based on the first information submitted by the Investigation Officer, FIR was registered against accused persons in Crime No.70/2021 for the aforesaid offences. - 5 - HC-KAR NC: 2025:KHC:26806 CRL.P No. 8681 of 2025 8. Before the Trial Court out of the 50 charge sheet witnesses 19 charge sheet witnesses have been examined as PW.1 to PW.19. Learned counsel for the petitioner has submitted that all the prosecution witnesses have turned hostile to the case of the prosecution. 9. Be that as it may, since material charge sheet witnesses have been examined, there cannot be any apprehension that the petitioner may tamper with the prosecution witnesses in the event he is enlarged on bail. He is in custody for the last more than four years and undisputedly he has no criminal antecedents. 10. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 11. Accordingly, the following: ORDER The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:26806 CRL.P No. 8681 of 2025 The petitioner is directed to be enlarged on bail in S.C.No.155/2021 pending before the Court of IX Addl. District & Sessions, Bengaluru Rural District, arising out of Crime No.70/2021 registered by Varthur Police Station, Bengaluru City for the offences punishable under Sections 143, 147, 302, 120B, 201, 203 & 109 R/w 149 of IPC, subject to the following conditions: 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 leave the jurisdiction of the Trial Court without permission - 7 - HC-KAR NC: 2025:KHC:26806 CRL.P No. 8681 of 2025 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS