- 1 - NC: 2025:KHC:8231 CRL.P No. 1781 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. 1781 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. PRAJWAL M S, S/O. SHIVANNA, AGED ABOUT 23 YEARS, R/OF MULLAHALLI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 425. …PETITIONER (BY SRI. ANANDA K., ADVOCATE) AND: STATE OF KARNATAKA, BY BESAGARAHALLI POLICE STATION, BESAGARAHALLI, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 432, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO TO GRANT REGULAR BAIL TO THE PETITIONER IN S.C. NO. 84/2024 PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN CRIME NO.19/2024 PUNISHABLE U/S. 302 R/W SECTION 34 OF IPC, SUBMITTED BY BESAGARAHALLI POLICE STATION. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8231 CRL.P No. 1781 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.2 in S.C.No.84/2024 pending on the file of the IV Additional District and Sessions Judge, Mandya has preferred this petition to enlarge him on bail. 2. Heard both sides and perused material on record. 3. On the basis of a compliant lodged by Pushpalatha K, W/o deceased Gurulingaiah, initially, UDR No.7/2024 was registered on 11.04.2024. The complainant suspected that accused No.1-Prajwal and his two associates might have committed the murder of her husband. As per postmortem report, cause of death is due to asphyxia as a result of smothering and compression of neck coupled with head injury sustained. 4. On 12.04.2024, Pushpalatha K. lodged a complaint with the police alleging that accused Nos.1 to 3 have committed the murder of her husband. The FIR would disclose that one Shivalingaiah, brother of deceased informed her after the cremation of the dead body, that at about 10.30 pm on - 3 - NC: 2025:KHC:8231 CRL.P No. 1781 of 2025 10.04.2024, accused Nos.1 to 3 committed the murder of her husband. Based on her complaint, a case in Crime No.19/2024 was registered at Besagaraghalli police station, Mandya against accused Nos.1 to 3 for the offence punishable under Section 302 read with Section 34 of IPC. 5. According to prosecution a quarrel ensued between deceased-Gurulingaiah and his brothers’ son Prajwal and the said accused slapped and pushed him on the ground and hit his head to the ground. Accused No.2 sat on his chest and accused No.3 kicked him and accused No.1 strangulated him and committed murder. 6. In the UDR/complaint it is not stated that Shivalingaiah, brother of deceased has seen the accused persons committing the murder. It is only stated that the said Shivalingaiah informed her that Prajwal i.e., accused No.1 and his two associates have quarreled with her husband. However, in the statement recorded on 13.04.2024, it is alleged that he has seen the accused committing the murder. His statement was also recorded under Section 164 of Cr.P.C. - 4 - NC: 2025:KHC:8231 CRL.P No. 1781 of 2025 7. Learned High Court Government Pleader has contended that petitioner was absconding and absconding charge sheet was filed against him and therefore, he may once again flee from justice if released on bail and thereby hamper the progress of trial. 8. Petitioner has voluntarily surrendered before the Court on 09.08.2024. He is in judicial custody since then. Accused Nos.1 and 3 have been granted bail by the Sessions Court in Crl.Misc.No.324/2024 dated 21.05.2024 and Crl.Misc.No.290/2024 dated 07.05.2024. Petitioner also stand on the same footing as accused Nos.1 and 3. The apprehension of the prosecution can be safeguarded by imposing suitable conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner-accused No.2 in S.C.No.84/2024 pending on the file of IV Additional District and Sessions Judge, Mandya (Crime No.19/2024 of Besagaraghalli police station Mandy) shall be enlarged on bail, subject to following conditions: - 5 - NC: 2025:KHC:8231 CRL.P No. 1781 of 2025 1. He 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. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE AMA List No.: 1 Sl No.: 43