- 1 - HC-KAR NC: 2025:KHC:27874 CRL.P No. 6863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6863 OF 2025 BETWEEN: PRATHAP S/O CHANDRAPPA AGE ABOUT 37 YEARS R/AT NO.15, CHANDRASHEKARAPURA VEMGAL HOBLI KOLAR TALUK 563 101 …PETITIONER (BY SRI RAKSHITH R, ADVOCATE) AND: STATE OF KARNATAKA BY DODDABELAVANGALA P S REP BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI RANGASWAMY.R, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGED THE PETITIONER ON BAIL IN CR.NO.128/2022 OF DODABELAVANGALA PS FOR OFFENCE PUNISHABLE UNDER SECTION 302 IPC PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSION JUDGE DODDABALLAPURA, BANGALORE RURAL IN S.C NO.10005/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27874 CRL.P No. 6863 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.10005/2023 pending before the Court of IV Additional District and Sessions Judge, Doddaballapura, Bangalore Rural District, arising out of Crime No.128/2022 registered by Doddabelavangala Police Station, Bengaluru District for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') is before this Court in this successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.128/2022 was registered by Doddabelavangala Police Station, Bengaluru for the offence punishable under Section 302 of IPC against the petitioner herein based on the first information dated 05.10.2022 submitted by Smt.Shilpa wife of the petitioner. During the course of investigation, petitioner was arrested - 3 - HC-KAR NC: 2025:KHC:27874 CRL.P No. 6863 of 2025 on 07.10.2022 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offence. His bail application filed before the trial Court was rejected and therefore, he had approached this Court in Crl.P.No.13750/2023 which was dismissed on 12.02.2024 subsequently, petitioner had filed a fresh bail application before the trial Court, which was dismissed on 01.03.2025. It is under circumstances, he is before this Court in this successive bail application. 4. Perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. The first informant, who is the wife of the petitioner is the daughter of deceased Subbarayappa. The allegation against the petitioner is that he had taken the deceased in his motorcycle on the alleged date of incident and thereafter deceased had not returned home. When the first informant and her family members searched for the deceased, his dead body was - 4 - HC-KAR NC: 2025:KHC:27874 CRL.P No. 6863 of 2025 found by the side of the mud road leading to Kallodu village and it is under these circumstances, FIR was registered against the petitioner. 5. All the material charge sheet witnesses including CW.1 have been examined before the trial Court. Out of the 50 charge sheet witnesses cited in the present case, prosecution has till date examined 17 charge sheet witnesses as PWs.1 to 17. The petitioner is in custody for the last more than two years 9 months. Since all the material prosecution witnesses are examined, there cannot be any apprehension that petitioner may tamper with the material prosecution evidences. Under the circumstances, I am of the opinion that his prayer for grant of bail needs to be answered affirmatively. 6. Accordingly, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.10005/2023 pending before the Court of IV - 5 - HC-KAR NC: 2025:KHC:27874 CRL.P No. 6863 of 2025 Additional District and Sessions Judge, Doddaballapura, Bangalore Rural, arising out of Crime No.128/2022 registered by Doddabelavangala Police Station, Bengaluru District for the offences punishable under Section 302 of IPC, subject to the following conditions: (a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 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; (e) The petitioner shall not leave the jurisdiction of the Trial Court without - 6 - HC-KAR NC: 2025:KHC:27874 CRL.P No. 6863 of 2025 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 27