- 1 - HC-KAR NC: 2025:KHC:27704 CRL.P No. 9649 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. 9649 OF 2025 BETWEEN: MR. SAM MARIYADAS S/O MARIYADAS AGED ABOUT 27 YEARS RESIDING AT SRINAGARA KHASBHAG, BEHIND BAPUJI SCHOOL, DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT - 561 203. …PETITIONER (BY SRI KASHINATH J.D, ADV.) AND: THE STATE OF KARNATAKA BY DODDABALLAPURA TOWN POLICE DODDABALLAPURA, BENGALURU RURAL DISTRICT, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE ABOVE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN SC.NO.10004/2024 ARISING OUT OF CR.NO.54/2023, DODDABALLAPURA P.S., PENDING ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT DODDABALLAPURA, FOR THE OFFENCES P/U/S 302,307 OF IPC, 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27704 CRL.P No. 9649 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.10004/2024 pending before the Court of IV Addl. District and Sessions Judge, Doddaballapura arising out of Crime No.54/2023 registered by Doddaballapura Town Police Station, Bengaluru District, for the offences punishable under Sections 302 & 307 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.54/2023 was registered by Doddaballapura Town Police Station, Bengaluru District for the aforesaid offences against the petitioner herein, on the basis of first information dated 13.04.2023 received from Smt. Mariya Pushpam W/o Jansan K, mother of the deceased Smt. Janalia Jobi, who was the wife of the petitioner herein. During the course of investigation, the petitioner herein was arrested and remanded to judicial - 3 - HC-KAR NC: 2025:KHC:27704 CRL.P No. 9649 of 2025 custody on 13.04.2023. Investigation in the case is complete and charge sheet was filed for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court was rejected. Therefore, he had earlier approached this Court in Crl.P.No.5611/2024, which was dismissed on 25.07.2024 by the coordinate bench of this Court. Thereafter, the petitioner had filed a fresh bail application in S.C.No.10004/2024 which was dismissed on 28.06.2025. Therefore, he is before this Court in this successive petition. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner, who has no criminal antecedents is in custody for the last more than two years. The material charge sheet witnesses have already been examined and the injured eye witnesses has turned hostile to the case of - 4 - HC-KAR NC: 2025:KHC:27704 CRL.P No. 9649 of 2025 the prosecution. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that in the event the petitioner is enlarged on bail he is likely to flee away from justice and he may also tamper with the material prosecution witnesses. Accordingly, he prays to dismiss the petition. 7. Deceased Smt. Janalia jobi, was the wife of the petitioner herein and their marriage was solemnized on 01.09.2022. For the reason that the petitioner had a extra marital affair, it appears that there was some dispute between the couple and in the incident in question that had taken place on 11.04.2023, the petitioner allegedly had assaulted the deceased with a knife and had committed her murder. 8. CW.2 and CW.3, who are the parents of the petitioner are the alleged eye witnesses to the incident in question, who also had sustained injures in the said incident. CW.2 and CW.3 are examined before the Trial - 5 - HC-KAR NC: 2025:KHC:27704 CRL.P No. 9649 of 2025 Court as PW1 and PW6. According to learned counsel for the petitioner the said witnesses have not supported the case of the prosecution and they have been treated as hostile witnesses. 9. The material on record would go to show that, as on this date, 18 charge sheet witnesses have been examined before the Trial Court as PW.1 to PW18. This Court at this stage cannot appreciate the deposition of the witnesses. However the fact remains that all the material charge sheet witnesses including the injured eye witness have been examined before the Trial Court and therefore there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. He is in custody for the last more than two years. Out of the 34 charge sheet witnesses cited in the present case till date only 18 charge sheet witnesses have been examined. Undisputedly, the petitioner has no criminal antecedents. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail - 6 - HC-KAR NC: 2025:KHC:27704 CRL.P No. 9649 of 2025 needs to be answered affirmatively without expressing any opinion on merits/demerits of the case. 10. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.10004/2024 pending before the Court of IV Addl. District and Sessions Judge, Doddaballapura arising out of Crime No.54/2023 registered by Doddaballapura Town Police Station, Bengaluru District, for the offences punishable under Sections 302 & 307 of IPC, subject to the following conditions: a) The petitioner 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 7 - HC-KAR NC: 2025:KHC:27704 CRL.P No. 9649 of 2025 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 involve in similar offences in future Sd/- (S VISHWAJITH SHETTY) JUDGE NMS