- 1 - HC-KAR NC: 2025:KHC:27733 CRL.P No. 9606 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. 9606 OF 2025 BETWEEN: 1. YASHWANTH R @ KARJOORA S/O RAMESH S AGED ABOUT 28 YEARS R/AT NO.420/B, 7TH CROSS NIMISHAMBA BADAVANE KUVEMPUNAGAR, MYSORE PIN CODE - 570 004. 2. ANILKUMAR NAYAK S/O SIDDANAYAK AGED ABOUT 31 YEARS R/AT NO.10, 13TH BLOCK SOMANATHA NAGARA DATTAGALLI, MYSORE PIN CODE - 570 004. …PETITIONERS (BY SRI RAJU C.N, ADV.) AND: THE STATE OF KARNATAKA STATE BY V.V. PURAM POLICE MYSORE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE, PIN CODE NO - 560 009. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.226/2023 ON THE FILE OF 2ND ADDL.DISTRICT AND SESSIONS JUDGE AT MYSURU ARISING OUT OF CRIME NO.22/2023 OF V.V.PURAM POLICE MYSURU, FOR THE OFFENCES P/U/S 302, 201, 120(B), 143, 144, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27733 CRL.P No. 9606 of 2025 114, 75, 424, 192, 482, 485 OF IPC AND RULE 42 OF KARNATAKA PRISONERS RULE 1974 R/W 149 OF IPC, BY ALLOWING THIS PETITION. 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 Nos.1 and 2 in S.C.No.226/2023 pending before the Court of II Additional District and Sessions Judge, Mysuru, arising out of Crime No.22/2023 registered V.V.Puram Police Station, Mysuru City, for offences punishable under Sections 302, 201, 120-B, 143, 144, 114, 75, 424, 192, 482, 485 of IPC and Rule 42 of Karnataka Prisoners Rule 1974 read with Section 149 of IPC are before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.22/2023 was registered by V.V.Puram Police Station, Mysuru City, initially for offence punishable under Section 302 of IPC against Sanju and others, based on the first information dated 18.05.2023 - 3 - HC-KAR NC: 2025:KHC:27733 CRL.P No. 9606 of 2025 received from Smt.Shilpa w/o deceased Chandu. During the course of investigation of the case, accused No.1 was arrested on 20.05.2023 and accused No.2 was arrested on 22.05.2023 and subsequently remanded to judicial custody. Bail application filed by the petitioners' before the trial Court in S.C.No.226/2023 was rejected on 15.02.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioner submits that the allegation of assaulting the deceased Chandu with deadly weapon is as against accused Nos.1 to 3. Accused No.3 has been granted regular bail by this Court in Crl.P.No.4040/2025. Undisputedly, the petitioners do not have criminal antecedents. Trial in the case is not yet commenced. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP has opposed the petition. He submits that accused Nos.1 and 2 have assaulted the deceased with deadly weapon and CW.1, 29 - 4 - HC-KAR NC: 2025:KHC:27733 CRL.P No. 9606 of 2025 and 30 are the eye witnesses to the incident in question. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against three named persons and eight others. First informant, who is the wife of the deceased Chandu is the alleged eye- witness to the incident in question. The name of the petitioners is not found in the FIR registered in the present case. During the course of investigation of the case, accused No.1 was arrested on 20.05.2023 and accused No.2 was arrested on 22.05.2023 and they are in custody for the last more than two years. Investigation in the case is completed and charge sheet has been filed. 7. It is not in dispute that the prosecution has not held any test identification parade in the present case. Though CW.1, 29 and 30 are the alleged eye witnesses to the incident in question they have not identified the petitioners in the present case. Undisputedly, the petitioners do not have any criminal antecedents. Trial in - 5 - HC-KAR NC: 2025:KHC:27733 CRL.P No. 9606 of 2025 the case is yet to commence and it is brought to the notice of this Court that the case before the Trial Court is still at the stage of hearing before charge. 8. The petitioners are in the custody for the last more than two years. Under similar circumstance, accused No.3 has been granted regular bail by this Court in Crl.P.No.4040/2025 disposed of on 02.07.2025. All other accused persons are enlarged on bail in the present case. 9. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made by the petitioners who are in custody for more than two years, for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.226/2023 pending before the Court of II Additional - 6 - HC-KAR NC: 2025:KHC:27733 CRL.P No. 9606 of 2025 District and Sessions Judge, Mysuru, arising out of Crime No.22/2023 registered V.V.Puram Police Station, Mysuru City, for offences punishable under Sections 302, 201, 120-B, 143, 144, 114, 75, 424, 192, 482, 485 of IPC and Rule 42 of Karnataka Prisoners Rule 1974 read with Section 149 of IPC subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; - 7 - HC-KAR NC: 2025:KHC:27733 CRL.P No. 9606 of 2025 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS