- 1 - HC-KAR NC: 2025:KHC:47840 CRL.P No. 9657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.9657 OF 2025 BETWEEN: 1. MR. BHARATH M., S/O LATE MAHADEVAIAH AGED ABOUT 27 YEARS RESIDING AT MARANAYAKANAPALUA VILLAGE KASABA HOLBI TUMAKURU TALUK AND DISTRICT KARNATAKA-572 104. …PETITIONER (BY SRI. CHIDAMBHAR SWAROOP T.P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KYATHSANDRA POLICE STATION TUMAKURU, KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.89/2020 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU FOR OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC REGISTERED IN CR.NO.28/2020 BY KYATHSANDRA POLICE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47840 CRL.P No. 9657 of 2025 STATION, TUMAKURU BY ALLOWING THIS PETITION IN THE ABOVE CASE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel appearing for the respective parties. 2. This Court, earlier dismissed the bail petition of this petitioner in Crl.P.No.4353/2022 vide order dated 03.06.2022. This Court while rejecting the bail petition in paragraph 6 taken note of the fact that this petitioner came in the auto with the machete with an intention to take away the life of the deceased and inflicted injury on the deceased and also driven the auto on him and again he inflicted injury with the machete and committed the murder of the deceased. Hence, there is a specific overt act against this petitioner and this incident was witnessed by CW2. This Court also taken note of the fact that there is no overt act against accused No.2 and hence, he was enlarged on bail. - 3 - HC-KAR NC: 2025:KHC:47840 CRL.P No. 9657 of 2025 3. Now, the learned counsel appearing for the petitioner would submit that CW2 who is only the eye witness is examined before the Trial Court and he has not supported the case of the prosecution. The counsel also submits that other witnesses are also examined. 4. The learned counsel appearing for the State would submit that only 10 witnesses are examined and remaining witnesses have to be examined and also there is a recovery and recovery witnesses also to be examined and IO also to be examined. The counsel further submits that it is a case of inflicting injury with machete and not only inflicted the injury with the machete but also this petitioner ran over the autorikshaw on the deceased and again, he inflicted the deceased with the machete. Thus, this Court has to take note of PM report and the injuries found on the body of the deceased. 5. Heard the submission of the learned counsel for the petitioner and also the learned counsel appearing for the State. In the case on hand, there are 10 external injuries and out of that major injuries are chop wound injuries and PM report - 4 - HC-KAR NC: 2025:KHC:47840 CRL.P No. 9657 of 2025 discloses the same. CW2 though turned hostile in his chief examination, he was cross-examined and answer is also elicited from the mouth of CW2 who has been examined as PW3 with regard to the incident that he found blood stains in the autorikshaw and he made the statement before the police. It is the case where the Trial Court has to appreciate the evidence and this Court cannot sit and appreciate the evidence of the prosecution. 6. However, taking into note of the fact that already 10 witnesses have been examined and remaining witnesses have to be examined, a direction is given to the Trial Court to conclude the trial within 4 months and also prosecution is directed to assist the Trial Court to conclude of the trial within 4 months since this petitioner is in the jail from last 5½ years. With this observation, the petition is disposed of. Sd/- (H.P.SANDESH) JUDGE SN List No.: 1 Sl No.: 64