- 1 - HC-KAR NC: 2025:KHC:49552 CRL.P No. 14846 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14846 OF 2025 BETWEEN: 1. KUMARA @ KUMARASWAMY, S/O BASAVALINGAIAH, AGED ABOUT 44 YEARS, R/AT KANNUGHATTA GOLLARAHATTI, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT - 572 224. …PETITIONER (BY SRI. M SHASHIDHARA.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY NONAVINAKERE P S, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.PUSHPALATHA B., ASPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SC.NO.10017/2024 ARISING OUT OF CR.NO.59/2023 OF RESPONDENT NONAVINAKERE P.S., FOR THE OFFENCES P/U/S 143, 147, 148, 323, 324, 302, 504 R/W 149 OF IPC, 1860, PENDING ON THE FILE OF THE HONBLE V ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT TIPTUR. Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49552 CRL.P No. 14846 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.10017/2024 pending before the Court of V Additional District and Sessions Judge, Tumakuru setting at Tiptur, arising out of Crime No.59/2023 registered by Nonavinakere Police Station, Tumakuru, for offences punishable under Sections 143, 147, 48, 323, 324, 302, 504 read with Section 149 of IPC is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 is seeking regular bail. 2. Heard the learned counsel for the parties. 3. Nonavinakere Police Station, Tumakuru had registered FIR in Crime No.59/2023, initially for offences punishable under Sections 324, 307, 354, 504 and 149 of IPC, against the petitioner herein and six others, based on the first information received from Shivabasavaiah, who is one of the injured eye-witness. - 3 - HC-KAR NC: 2025:KHC:49552 CRL.P No. 14846 of 2025 4. During the course of investigation, petitioner was arrested on 17.06.2023 and remanded to judicial custody. One of the injured in the incident that had taken place on 13.06.2023, by name Vasanth Kumar, subsequently died in the hospital on 15.06.2023 while undergoing treatment. Thereafter, offence punishable under Section 302 of IPC was invoked in the present case and after completing investigation, charge sheet has been filed against 8 persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore he had approached this Court in Crl.P.No.13397/2023 which was dismissed as withdrawn on 24.04.2024 with liberty to the petitioner to approach this Court afresh after examination of the eye-witnesses in the present case is completed before the Trial Court. Thereafter petitioner had filed Crl.P.Nol.8339/2024, which was dismissed by this Court on 09.09.2024. Subsequently petitioner had filed a bail application before the Trial Court - 4 - HC-KAR NC: 2025:KHC:49552 CRL.P No. 14846 of 2025 in S.C.No.10017/2024 which was dismissed on 30.09.2025. It is under these circumstances, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner who has no other criminal antecedents is in custody for the last more than two years. As on this date, 19 charge sheet witnesses have been examined before the Trial Court as PW.1 to PW.19. All the material charge sheet witnesses including the injured eye-witnesses have been already examined and none of the witnesses have supported the case of the prosecution. Accordingly, he prays to allow this petition. 6. Per Contra, learned Additional State Public Prosecutor who has opposed the petition, however does not dispute the submission made by learned counsel for the petitioner. 7. From a reading of the first information, it appears that the family of the petitioner and the family of - 5 - HC-KAR NC: 2025:KHC:49552 CRL.P No. 14846 of 2025 first informant are staying in adjacent houses and they had a dispute between them. In the said background, they were frequently quarreling with each other. On 13.06.2023 at about 09.30 p.m., when the wife of the first informant was washing their utensils outside her house, petitioner who came there armed with an iron hammer along with his father Basavalingaiah who was armed with a sickle, after quarrelling with the first informant and his family member, the petitioner, his father and other accused persons allegedly assaulted them with deadly weapons and as a result first informant and his family members suffered injuries in the incident. It is under these circumstances, FIR was registered in Crime No.59/2023 against the petitioner and 6 others. 8. During the course of investigation, petitioner herein was arrested on 17.06.2023. Vasanth Kumar, who was one of the injured in the incident in question, subsequently died in the hospital on 15.06.2023. Thereafter, charge sheet has been filed against 8 persons. - 6 - HC-KAR NC: 2025:KHC:49552 CRL.P No. 14846 of 2025 As per the charge sheet, CW.1 to CW.6 are the alleged eye-witnesses to the incident in question. CW.1 to CW.4 are said to be the injured witnesses in the incident in question. CW.1 to CW.6 have been examined as PW.1 to PW.6 before the Trial Court. According to the learned counsel for the petitioner, PW.1 to PW.6 who all alleged eye-witnesses have turned hostile to the case of the prosecution. As on this date, 19 charge sheet witnesses have been examined by the prosecution, out of the 40 charge sheet witnesses cited in the present case. 9. Material on record would go to show that all the material charge sheet witnesses have been already examined by the prosecution. It is not in dispute that petitioner has no criminal antecedent and is in custody for the last more than two years and five months. Considering the aforesaid aspects of the matter and also having regard to the period of petitioners' incarceration, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively, Accordingly, the following:- - 7 - HC-KAR NC: 2025:KHC:49552 CRL.P No. 14846 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.10017/2024 pending before the Court of V Additional District and Sessions Judge, Tumakuru setting at Tiptur, arising out of Crime No.59/2023 registered by Nonavinakere Police Station, Tumakuru, for offences punishable under Sections 143, 147, 48, 323, 324, 320, 504 read with Section 149 of IPC, subject to the following conditions: a) The petitioner shall execute 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 unless the Trial Court exempts his appearance for valid reasons; - 8 - HC-KAR NC: 2025:KHC:49552 CRL.P No. 14846 of 2025 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 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 8