- 1 - HC-KAR NC: 2025:KHC:30238 CRL.P No. 9349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9349 OF 2025 BETWEEN: VIDHYADHARA S/O SRINIVASA AGED ABOUT 27 YEARS R/AT BYRAPURA VILLAGE, KIBBANAHALLI HOBLI, TIPTUR TALUK, GOWDAGERE HOBLI, TUMAKURU DISTRICT …PETITIONER (BY SRI. VENKATA REDDY G K., ADVOCATE) AND: THE STATE OF KARNATAKA BY SHO ,TUMAKURU RURAL P S REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560001 …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN (CR.NO.124/2023) IN S.C.NO.122/2023 FOR THE OFFENCE P/U/S. 114, 302, 120B R/W 34 OF IPC OF THE RESPONDENT POLICE I.E., TUMAKURU RURAL POLICE STATION, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU AND ETC. 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 - HC-KAR NC: 2025:KHC:30238 CRL.P No. 9349 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State and perused the material on record. 2. The petitioner is arrayed as accused No.1 in the charge sheet filed by the Tumakuru Rural Police in their station Crime No.124/2023. The charge sheet is filed against accused Nos.1 to 3 for the offences punishable under Sections 302, 114, 120B read with Section 34 of the IPC. 3. It is the case of the prosecution that accused No.1 and accused No.2 were close to each other. Deceased Ismail @ Jakir was also known to accused No.2. As he was pestering accused No.2 to marry CW.7 - Nisar Ahamad @ Ali, and ill- treating her, she informed the matter to accused No.1. The said accused conspired with accused Nos.2 and 3 and a child in conflict with law to commit the murder of Ismail @ Jakir. On 20.05.2023, at about 7:45 p.m., when the deceased was in his - 3 - HC-KAR NC: 2025:KHC:30238 CRL.P No. 9349 of 2025 shop situated at Yellapura, Tumakur, accused No.1 came to the spot in a bike bearing registration No.KA06-HN-9536 along with accused No.2 and child in conflict with law. Accused No.2 and the child in conflict with law returned to the house and accused No.2 sent a sword with child in conflict with law. Accused No.1 assaulted the deceased on his head and neck with the said sword and committed the murder. 4. Learned counsel for the petitioner contended that the FIR is registered against unknown persons. The statements of the eyewitnesses are not believable. Accused Nos.2 and 3 are already enlarged on bail. Petitioner is languishing in judicial custody from 26.05.2023. He submitted that this Court in Crl.P.No.6501/2024, reserved liberty to the petitioner to file a fresh petition before the Sessions Court, after the examination of the material witnesses, namely CWs.1 to 4. Though CWs.2 and 3 are examined in chief on 01.06.2023 and 04.07.2024, as on today they have not turned up for tendering cross-examination. Hence, contended that there is delay in trial. Further, in view of the number of witnesses cited in charge sheet, the conclusion of trial will take considerable time. - 4 - HC-KAR NC: 2025:KHC:30238 CRL.P No. 9349 of 2025 Therefore, sought to allow the petition and enlarge the petitioner on bail. 5. Per contra, learned High Court Government Pleader appearing for the respondent would contend that the offence committed by the petitioner is heinous in nature. There are serious overt act alleged against him. CWs.2 and 3 are eyewitnesses. Both the said witnesses have given their statement under Section 164 of Cr.P.C. They have supported the prosecution case in their chief examination. He submits that the prosecution will secure their presence for cross-examination. He further submits that in view of the nature and gravity of the offence committed, the petitioner is not entitled for bail. 6. The allegations are that the petitioner - accused No.1 has assaulted the deceased - Ismail @ Jakir with a sword on his head and neck etc. As per the post mortem report, deceased has sustained the following external injuries: 1. Chop wound, measuring 14cm x 1.5 cm x cranial cavity deep, present over right side back of head. - 5 - HC-KAR NC: 2025:KHC:30238 CRL.P No. 9349 of 2025 2. Chop wound, measuring 11.5 cm x 1 cm x skull deep, present obliquely over left side of back of head. 3. Abrasion, measuring 7.5 cm x 0.5 cm, present over left side of upper back. 4. Abrasion, measuring 11cm x 0.5 cm, present obliquely over midline of upper back. 5. Abrasion, measuring 1cm x 0.5 cm, present over right shoulder tip. 6. Chop wound, measuring 13 cm x 2.5 cm x jaw bone deep, present horizontally over left side of face. 7. Chop wound, measuring 15 cm x 1.5 cm x muscle deep, present over an area adjoining right side of lower face and neck. 8. Chop wound, measuring 11.5 cm x 1.5 cm x skull deep, present over right side of head, placed 2.5 cm behind right ear. 7. Death is due to haemorrhage, as a result of multiple chop wounds inflicted. CWs.2 and 3 are the eyewitnesses to the incident. They are aged 12 years and 11 years respectively. They are examined in chief, as PW.2 and PW.3. Their cross-examination is not yet conducted. If the petitioner is enlarged on bail, there are chances of tampering the eyewitnesses. In view of the nature and gravity of the offence committed and punishment prescribed, incarceration of the petitioner is not a ground to enlarge him on - 6 - HC-KAR NC: 2025:KHC:30238 CRL.P No. 9349 of 2025 bail. The trial is in progress. Therefore, the petitioner is not entitled for the relief sought. 8. Learned Sessions Judge to make all endeavour to secure the presence of the prosecution witnesses and to conduct the trial in an expedite manner. Petition is dismissed with the above observation. Sd/- (MOHAMMAD NAWAZ) JUDGE KG List No.: 1 Sl No.: 40