- 1 - HC-KAR NC: 2025:KHC:36429 CRL.P No. 11940 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11940 OF 2025 BETWEEN: SRI ROHITH RANA PRATAP, S/O RANA PRATAP NISHAD, AGED ABOUT 25 YEARS, R.NO. 7, BUILDING NO.8, HG ROAD GAMDEVI, MUMBAI 400 007, PERMANENT: CHARPAN BUJURAG VILLAGE, DAWARAPAR POST -273016. …PETITIONER (BY SRI. URMILA PULLAT., ADVOCATE) AND: STATE OF KARNATAKA BY BRAHMAVARA POLICE STATION, UDUPI DISTRICT, REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU- 560001 …RESPONDENT (BY SRI. NAGESHWARAPPPA., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.37/2021, PENDING BEFORE THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI, ARISING OUT OF CR.NO.133/2021 REGISTERED BY THE RESPONDENT BRAHMAVARA P.S., FOR THE OFFENCES P/U/S. 120B, 449, 302, 392, 201, 204 R/W 34 OF THE IPC, 1860. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36429 CRL.P No. 11940 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 Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner, arraigned as accused No.3 in S.C.No.37/2021 pending before the II Additional District and Sessions Judge, Udupi, is facing trial along with 3 other accused for the offence Punishable under Section 120-B, 449, 302, 392, 201, 204 read with Section 34 of IPC. 3. It is the case of prosecution that the relationship between accused No.1, and his wife, deceased Vishala Ganiga was strained and therefore, the said accused hatched a plan to eliminate her. He allegedly gave supari to accused No.2 and on 12.07.2021 between 12:00 - 3 - HC-KAR NC: 2025:KHC:36429 CRL.P No. 11940 of 2025 and 12:30 noon, accused Nos.2 and 3 committed the murder of Vishala Ganiga and robbed her gold ornaments. 4. Entire case is based on circumstantial evidence. Petitioner, arraigned as acused No.3 was arrested on 08.07.2022. He is in custody since then ie., for more than three years. 5. Learned High Court Government Pleader has contended that trial is in progress and as of now 25 witnesses are examined. Hence, he contended that at this stage, if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses and flee from justice. 6. It is submitted by the learned counsel for petitioner that accused Nos.1 and 4 who are similarly placed as petitioner are enlarged on bail by the Co-ordinate Bench of this Court. He contended that petitioner is languishing in judicial custody for more than three years and there are 92 charge sheet witnesses and therefore, completion of trial will take considerable time. - 4 - HC-KAR NC: 2025:KHC:36429 CRL.P No. 11940 of 2025 7. Accused No.1 has been enlarged on bail in Crl.P.No.699/2025 vide order dated 13.02.2025. Accused No.4 has been granted bail in Crl.P.No.6906/2025 vide 23.06.2025. 8. FIR was initially registered against unknown persons, on a complaint lodged by father of the deceased. The entire case is based on circumstantial evidence, as there are no eyewitnesses to the incident. Considering that accused Nos.1 and 4 are enlarged on bail and also considering that petitioner is in judicial custody for more than three years, relief sought in the petition can be granted by imposing suitable conditions. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioner / accused No.3 in Crime No.133/2021 of Brahmavar Police Station, Udupi, pending in S.C.No.37/2021 on the file of the Court of II Additional - 5 - HC-KAR NC: 2025:KHC:36429 CRL.P No. 11940 of 2025 District and Sessions Judge, Udupi, shall be enlarged on bail, subject to following conditions: 1. He 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. 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 leave the jurisdiction of the trial Court, without prior permission of the learned Sessions Judge. 4. He shall not directly or indirectly tamper with the prosecution witnesses. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court regularly on all dates of hearing. - 6 - HC-KAR NC: 2025:KHC:36429 CRL.P No. 11940 of 2025 Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 51