- 1 - HC-KAR NC: 2025:KHC:29275 CRL.P No. 1791 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. 1791 OF 2025 BETWEEN: KAVALI KURMUTHI @ GURUMURTHY SON OF KAVALI SEENU AGED ABOUT 23 YEARS RESIDING AT LABOUR SHED MEDA HEIGHTS, APARTMENT DODDAKANNAHALLI SARAJAPURA ROAD, BANGALORE. …PETITIONER (BY SRI ANKITH S REDDY, ADV.) AND: THE STATE OF KARNATAKA BELLANDURU POLICE STATION BANGALORE - 560 103 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, B'LORE - 01. …RESPONDENT (BY SRI K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO. 51/2024 REGISTERED IN THE BELLANDURU POLICE STATION FOR OFFENCES UNDER SECTIONS 302 AND 201 OF THE IPC AND SUBSEQUENTLY IN S.C NO. 1295/2024 ON THE BOARD OF THE HONBLE LXI ADDITIONAL CITY CIVIL AND SESSION JUDGE, CCH-62. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29275 CRL.P No. 1791 of 2025 ORAL ORDER This petition under Section 483 of BNSS, 2023 is filed by the petitioner to enlarge him on bail in Crime No.51/2024 registered by Bellanduru Police Station, Bengaluru City, pending in S.C.No.1295/2024 on the file of Court of LXI Addl. City Civil and Sessions Judge, Bengaluru. 2. Aforementioned crime was registered against unknown person for the offence punishable under Section 302 of IPC on a complaint lodged by one Sri Shivababu S/o R Mallaiah. On completion of investigation, charge sheet has been filed against the petitioner for offences punishable under Sections 302 & 201 IPC. 3. It is the case of the prosecution that, deceased and accused were labourers doing construction work. On the date of incident i.e., on the intervening night of 27.01.2024 and 28.01.2024, accused picked up a quarrel with the deceased and smashed his head with a size stone and committed his murder. - 3 - HC-KAR NC: 2025:KHC:29275 CRL.P No. 1791 of 2025 4. It is contended by the learned counsel for petitioner that incident has occurred during night hours and therefore, claim of the prosecution that there are eye witnesses to the incident cannot be believed. Even accepting the prosecution case, in the pitch of darkness incident could not have been witnessed by the alleged eye witnesses. Further, petitioner had earlier approached this Court in Crl.P.No.10878/2024 and the said petition was dismissed as not pressed, reserving liberty to the petitioner to file fresh petition, after examination of CW.2 to CW.6. However, due to no fault of the petitioner, trial has not begun. He contended that the petitioner was arrested on 29.01.2024, charge sheet was filed on 23.04.2024, case was committed to the Court of Sessions on 05.06.2024, but the trial has not started. He submits that petitioner was not produced before the Court for several months and therefore, in view of delay in trial, petitioner is entitled for bail. 5. Learned High Court Government Pleader has opposed the petition. He contended that there are six eye witnesses namely CW.2 to CW.7, who have clearly stated having seen accused committing the offence and Post mortem - 4 - HC-KAR NC: 2025:KHC:29275 CRL.P No. 1791 of 2025 report also corroborates their version. He contends that offence committed is heinous in nature and therefore, petitioner is not entitled for bail. 6. The offence committed by the petitioner is one under Section 302 IPC, wherein punishment prescribed is dearth or imprisonment for life. As per post-mortem report 18 injuries are noticed on the dead body. The death is due to "shock and hemorrhage as a result of head injury sustained'. In view of the statements of eye witnesses viz., CW.2 to CW.7 it cannot be said that there is no prima-facie case against the petitioner. Considering the punishment prescribed, incarceration undergone by the petitioner is not a ground to enlarge him on bail. 7. It is not in dispute that now the charges are framed and case is set down for trial. It cannot be said that there is inordinate delay in trial. The coordinate bench of this Court has already reserved liberty to the petitioner to file a fresh petition for bail, after examination of CW.2 to CW.6 is completed before the Trial Court. Since it is submitted by the learned HCGP that - 5 - HC-KAR NC: 2025:KHC:29275 CRL.P No. 1791 of 2025 CW2 to CW7 are the eye witnesses, liberty is reserved to the petitioner to move the Sessions Court for bail, after examination of CW2 to CW7. 8. With the above observation, criminal petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS