- 1 - NC: 2025:KHC:8229 CRL.P No. 291 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 291 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: HANUMAPPA, S/O SRINIVASA, AGED ABOUT 28 YERS, RESIDING AT UCHODANAHALLI VILLAGE, GAURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 560 208. …PETITIONER (BY SRI. RAJASHEKARA R V.,ADVOCATE) AND: STATE OF KARNATAKA BY GAURIBIDANUR RURAL POLICE STATION, CHIKKABALLAPURA DISTRICT - 560 208. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.182/2023 (S.C.NO.1/2024 GAURIBIDANUR RURAL P.S. FOR THE ALLEGED OFFENCE P/U/S 302,436 OF IPC PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8229 CRL.P No. 291 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive bail petition preferred by the accused in Crime No.182/2023, to enlarge him on regular bail. 2. Heard both sides and perused the material on record. 3. It is alleged that on 02.09.2023 at about 5.00 pm accused went to the shop of deceased-Govindappa, with an intention to commit his murder and poured petrol from a bottle on him and lit fire, on account of which Govindappa sustained severe burn injuries. He was shifted to Gauribidanur Government Hospital and from there to Victoria Hospital for higher treatment, however succumbed to the injuries while undergoing treatment, on 05.09.2023 at about 9.00 am. 4. CWs-2, 12 to 15 are the eye witnesses to the incident. The statement of CW-2 i.e., the wife of deceased has been recorded under Section 164 Cr.P.C. The eye witnesses have categorically stated that the petitioner has poured kerosene and set fire to the victim. As per postmortem report, - 3 - NC: 2025:KHC:8229 CRL.P No. 291 of 2025 cause of death is due to septicemia as a result of burn injuries sustained. 5. This Court having considered the entire facts and circumstances and the nature and gravity of the offence committed, dismissed Crl.P.No.1302/2024 preferred by the petitioner seeking bail, vide order dated 01.03.2024. 6. The contention of the learned counsel that the petitioner is innocent and deceased sustained accidental burn injuries etc., cannot be accepted at this stage. Admittedly, the accused has also sustained certain minor burn injuries, which shows his presence at the spot. 7. Learned counsel has contended that the statements of eye witnesses are recorded belatedly and therefore, their statements cannot be believed. He submitted that the petitioner is in judicial custody from 03.09.2023 and conclusion of trial may take a long time. 8. The statements of eyewitnesses cannot be doubted at this stage. Delay in recording their statements is also not a ground to doubt the veracity of their statements at this stage. Further, the incarceration under gone by the accused is also not - 4 - NC: 2025:KHC:8229 CRL.P No. 291 of 2025 a ground to enlarge him on bail, considering the nature and gravity of the offence committed and the punishment prescribed for the offence alleged against the petitioner. 10. This Court while dismissing the earlier bail petition has observed that the statements of eyewitnesses clearly disclose that there is direct involvement of the petitioner and the inconsistencies if any in their statements, as contended are required to be considered only during Trial. 11. Petition is devoid of merits. Accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE AMA List No.: 1 Sl No.: 33