- 1 - HC-KAR NC: 2025:KHC:29351 CRL.P No. 9466 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9466 OF 2025 BETWEEN: VENKATESH G. S/O LATE GOVINDAPPA, AGED ABOUT 53 YEARS, R/AT GOKARE VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562 110. ...PETITIONER (BY SRI. B. ROOPESHA, ADVOCATE) AND: STATE BY DEVANAHALLI POLICE STATION BENGALURU RURAL DISTRICT-562 110. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, 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 THE PETITIONER ON BAIL IN SC.NO.15019/2024 PENDING BEFORE THE V ADDITIONAL DISTRICT JUDGE AT BENGALURU RURAL DISTRICT SITTING AT DEVANAHALLI, WHICH IS REGISTERED BY THE RESPONDENT POLICE I.E., DEVANAHALLI P.S, FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 OF IPC IN CRIME NO.35/2024. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29351 CRL.P No. 9466 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in S.C.No.15019/2022 pending before the V Additional District and Sessions Judge at Bengaluru Rural District sitting at Devanahalli. 2. Heard both sides and perused the material on record. 3. Crime No.35/2024 was registered against the petitioner at Devanahalli Police Station, on the statement of the victim – Jagadish for the offence punishable under Section 307 and 504 of IPC. 4. The complainant/victim who was admitted at Victoria hospital, due to burn injuries succumbed to the injuries, on 21.02.2024 at about 11.00 p.m. - 3 - HC-KAR NC: 2025:KHC:29351 CRL.P No. 9466 of 2025 5. Petitioner is the brother of deceased Jagadish. It is alleged that there was some property dispute due to which there used to be quarrel etc. On 17.02.2024, accused picked up quarrel with the deceased and poured petrol on him and set fire, due to which he sustained severe burn injuries and shifted to Government Hospital in Devanahalli and for further treatment, to Victoria hospital, wherein he died while undergoing treatment. 6. As per prosecution, accused has committed the murder of his brother by pouring petrol and setting fire to him. Victim’s statement was recorded in the hospital by the Police, on the basis of which FIR was registered. As per his statement, his wife and his younger brother who were present, put off the fire and shifted him to the hospital. 7. Petitioner was arrested on 18.02.2024. He preferred Crl.P No.7213/2024 before this Court and the said petition was dismissed as withdrawn, with a liberty to - 4 - HC-KAR NC: 2025:KHC:29351 CRL.P No. 9466 of 2025 the petitioner to file a fresh petition after the examination of material eye witnesses namely., CW.1, CWs.4 to 6. 8. Learned counsel for petitioner contended that CW.1, CWs.4 to 6 are examined as PW.4, PWs.1 to 3 respectively and none of them have supported the case of prosecution. It is his contention that as per the evidence of PW.1, mother of the deceased, she came to know that deceased poured kerosene and set fire to himself. He contended that the petitioner is languishing in judicial custody for more than 1 ½ years and since the material witnesses are already examined, petitioner may be enlarged on bail. 9. Learned High Court Government Pleader has contended that the statement of the victim was recorded by the Police in the hospital, on the basis of which the case was registered and in view of the said statement, there is a prima facie case against the petitioner. He contended - 5 - HC-KAR NC: 2025:KHC:29351 CRL.P No. 9466 of 2025 that the offence committed by the petitioner is heinous in nature and therefore, he is not entitled for bail. 10. This Court in Crl.P No.7213/2024 permitted the petitioner to file a fresh petition after examination of the material eye witnesses namely., CW.1, CWs.4 to 6. The said witnesses are examined as PW.4, PWs.1 to 3 respectively. They are the wife, mother, brother and sister-in-law of the deceased. Though the hostility of the witnesses and the veracity of their evidence cannot be appreciated at this stage, however, considering that the material witnesses are already examined and question of tampering the said witnesses does not arise, without expressing any view on the merits of the case, petitioner can be admitted to bail. Accordingly, the following: ORDER i. Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:29351 CRL.P No. 9466 of 2025 ii. Petitioner/accused in S.C.No.15019/2022 pending before the V Additional District and Sessions Judge at Bengaluru Rural District sitting at Devanahalli (Crime No.35/2024 of Devanahalli Police Station, Bengaluru City) shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 7 - HC-KAR NC: 2025:KHC:29351 CRL.P No. 9466 of 2025 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 27