- 1 - HC-KAR NC: 2025:KHC:27536 CRL.P No. 9617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9617 OF 2025 BETWEEN: SRI DEVARAJA (A1), S/O LATE SUBBARAYAPPA, AGED ABOUT 32 YEARS, R/AT NO.200, KURABARA BEEDI, GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU - 560 087. …PETITIONER (BY SRI. NANJUNDA GOWDA M R., ADVOCATE) AND: THE STATE OF KARNATAKA, BY VARTHUR POLICE STATION, BENGALURU RURAL DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU - 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 ENLARGE HIM ON REGULAR BAIL IN SC.NO.155/2021 (IN CR.NO.70/2021 OF VARTHUR POLICE STATION ) NOW WHICH IS PENDING ON THE FILE OF THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT BENGALURU FOR THE OFFENCES P/U/S 109, 120B, 201, 302 R/W 149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27536 CRL.P No. 9617 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.155/2021 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.70/2021 registered by Varthur Police Station, Bengaluru City, for offences punishable under Sections 143, 147, 302, 201, 203, 120-B, 109 read with Section 149 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.70/2021 registered by Varthur Police Station, Bengaluru City, initially for offences punishable under Sections 302, 201, 120-B, 109 read with Section 149 of IPC against Yashodamma and others based on the first information dated 18.03.2021 received from - 3 - HC-KAR NC: 2025:KHC:27536 CRL.P No. 9617 of 2025 Sri.Manjuatha S.R, police officer attached to Varthur Police Station, Bengaluru City. 4. During the course of investigation of the case, petitioner herein was arrested on 28.05.2021 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.7559/2021 which was dismissed on 25.05.2022. Thereafter he had once again approached this Court in Crl.P.No.7525/2023 which was dismissed on 10.01.2024. Subsequently, he had filed a fresh bail application before the trial Court in S.C.No.155/2021 which was rejected on 03.05.2025. It is under these circumstances, petitioner is before this Court in this successive bail application. - 4 - HC-KAR NC: 2025:KHC:27536 CRL.P No. 9617 of 2025 5. Learned Counsel for the petitioner submits that accused Nos.2 to 4 have been already enlarged on bail in the present case. Allegation against the petitioner and accused No.5 is about conspiracy to commit the murder of Subbarayappa. Accused No.5 is also on bail. Petitioner is in custody for the last more than four years. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that petitioner had a strong motive to commit the murder of his father and therefore, he had conspired with accused Nos.2 to 4 to commit the murder of Subbarayappa. Accordingly, he prays to dismiss this petition. 7. Accused No.1 is the son of deceased Subbarayappa. Allegation against accused Nos.1 and 5 is that they had conspired with accused No.2 to commit the murder of Subbarayappa and in turn accused No.2 had contacted accused Nos.3 and 4 and on 21.01.2021 - 5 - HC-KAR NC: 2025:KHC:27536 CRL.P No. 9617 of 2025 accused Nos.2 to 4 dashed the scorpio car bearing registration No.KA.H.3850 which was driven by accused No.2 as against to two wheeler of Subbarayappa and had committed his murder. 8. Petitioner was arrested in the present case on 28.05.2021. Allegation against him is that he had conspired with other accused to commit the murder of Subbarayappa. Out of the 50 charge sheet witnesses, 19 charge sheet witnesses have been examined as PWs.1 to 19 before the trial Court as on this date. 9. According to the learned Counsel for the petitioner all the material charge sheet witnesses have been turned hostile to the case of the prosecution. Be that as it may, the fact remains that material charge sheet witnesses have been examined and therefore, there cannot be any apprehension that petitioner may tamper with the material prosecution witnesses. Accused No.2 has been granted regular bail by this Court in - 6 - HC-KAR NC: 2025:KHC:27536 CRL.P No. 9617 of 2025 Crl.P.No.8681/2025 and accused Nos.3 and 4 have been granted regular bail by the coordinate Bench of this Court in Crl.P.No.5761/2021. Petitioner who has no other criminal antecedents is in custody for the last more than four years. Under the circumstances, I am of the opinion that petitioner's prayer 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.155/2021 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.70/2021 registered by Varthur Police Station, Bengaluru City, for offences punishable under Sections 143, 147, 302, 201, 203, 120-B, 109 read with Section 149 of IPC, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:27536 CRL.P No. 9617 of 2025 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 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.: 2 Sl No.: 5