- 1 - HC-KAR NC: 2025:KHC:32958 CRL.P No.10635/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.10635/2025 BETWEEN: MAHESH H.N. S/O LATE H.K. NAGAPPA AGED ABOUT 42 YEARS RESIDING AT 3302, KRISHNA KRUPA 11TH CROSS, R P ROAD NANJANGUD, MYSURU DISTRICT. …PETITIONER (BY SRI. PRASANNA D.P. ADV.,) AND: STATE OF KARNATAKA BY VARUNA POLICE STATION MYSURU REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.0121/2023 FOR THE ALLEGED OFFENCE U/S 302 AND 201 R/W 34 OF IPC OF VARUNA POLICE NOW PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, MYSORE IN SC NO.76/2024 IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32958 CRL.P No.10635/2025 ORAL ORDER This is a successive bail petition filed by the petitioner/accused No.1, praying to enlarge him on bail in SC.No.76/2024, pending on the file of the Court of II Additional District and Sessions Judge, Mysore, arising out of Crime No.121/2023 of Varuna police station, Mysore. 2. Criminal Petition No.1626/2024 preferred by the petitioner was dismissed as withdrawn on 01.04.2024, with a liberty to him to file a fresh petition after filing of the charge sheet. 3. Criminal Petition No.8987/2024 was dismissed vide order dated 12.09.2024 by this Court, considering the facts and circumstances of the case. 4. This Court has observed that even though there are no eye witnesses to the incident, CW-20 is a witness who saw the deceased lastly in company of the accused, who had taken him in the car and from the petitioner, a - 3 - HC-KAR NC: 2025:KHC:32958 CRL.P No.10635/2025 knife used in the offence and a mobile handset were recovered. 5. It is the case of prosecution that petitioner/accused No.1 had a desire to marry the daughter of deceased i.e., CW-2 and he took the deceased in his car along with accused Nos.2 and 3 and demanded that his daughter should be given in marriage to him, when the deceased refused, both accused Nos.1 and 2 strangulated him. The changed circumstances pleaded by the learned counsel for the petitioner is the delay in recording the statement of CW-20 and release of accused No.3 on bail subsequent to rejection of the petitioner's bail petition. It is contended that the petitioner is in judicial custody from 20.12.2023, the trial has not yet commenced and there is likelihood of delay in conclusion of the trial, since there are 66 witnesses cited in the charge sheet. 6. The role of the petitioner is not similar to that of accused No.3, who has been enlarged on bail. Hence, on - 4 - HC-KAR NC: 2025:KHC:32958 CRL.P No.10635/2025 the ground of parity, petitioner is not entitled for bail. The specific overt act of strangulating the deceased with a nylon rope is attributed against accused Nos.1 and 2 and not against accused No.3. Insofar as the delay in recording the statement of CW-20, the said contention is not available at this stage, as it is a matter for trial. Considering the nature and gravity of the offence and the punishment prescribed, incarceration now undergone by the petitioner is not a ground to enlarge him on bail. It cannot be said that there is inordinate delay in conducting the trial. Hence, the petition is dismissed. 7. Petitioner is at liberty to move the Sessions Court for bail, in case the trial has not commenced within a period of 6 months. Sd/- (MOHAMMAD NAWAZ) JUDGE ABK, List No.: 1 Sl No.: 22