- 1 - HC-KAR NC: 2025:KHC:27444 CRL.P No. 9764 of 2025 C/W CRL.P No. 6004 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9764 OF 2025 C/W CRIMINAL PETITION NO. 6004 OF 2025 IN CRL.P No. 9764/2025: BETWEEN: RAKESHA S/O KRISHNA, AGED ABOUT 24 YEARS (25 YEARS AS ON TODAY R/A PALAHALLI VILLAGE, SRIRANGAPATANA TALUK MANDYA, DISTRICT - 571 606. …PETITIONER (BY SMT. RAKSHA KEERTHANA K, ADV., SRI KEMPORAJU, ADV.) AND: STATE OF KARNATAKA BY SRIRANGAPATANA TOWN POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE / RELEASE THE PETITIONER ON REGULAR BAIL IN S.C.NO.5023/2024 (CR.NO.206/2023) OF THE RESPONDENT SRIRANGAPATANA TOWN P.S. FOR THE ALLEGED OFFENCE P/U/S 143,148,114,120(B),302 DR/W 149 OF IPC PENDING ON THE FILE OF III ADDL.DISTRICT AND SESSIONS JUDGE AT MANDYA SITTING AT SRIRANGAPATNA.THE III ADDL.DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA HAS DISMISSED THE BAIL PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27444 CRL.P No. 9764 of 2025 C/W CRL.P No. 6004 of 2025 IN CRL.P NO. 6004/2025: BETWEEN: DARSHAN @ DARSHU S/O LATE SHANKARA AGED ABOUT 26 YEARS R/AT, BETTAHALLI RAMU HOUSE, OLD BEEDHI SIDDALINGAPURA, VILLAGE MYSURU TALUK, MYSURU DISTRICT - 570 003. ...PETITIONER (BY SRI VEERABHADRA SWAMY H.P, ADV.) AND: THE STATE OF KARNATAKA BY SRIRANGAPATNA TOWN POLICE STATION, MANDYA DISTRICT, REPT.BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. ...RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.5023/2024 (CR.NO.206/2023) FOR THE OFFENCE P/U/S 143, 148, 114, 120B, 302 R/W SEC. 149 OF IPC, THE COMPLAINT FILED BY THE RESPONDENT SRIRANGAPATNA TOWN POLICE, PENDING BEFORE THE HONBLE III ADDL. DIST. AND SESSIONS JUDGE AT MANDYA (SITTING AT SRIRANGAPATNA) BY ALLOWING THIS BAIL PETITION. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27444 CRL.P No. 9764 of 2025 C/W CRL.P No. 6004 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 and 11 in SC No.5023/2024 pending before the Court of III Addl. District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Crime No.206/2023 registered by Srirangapatna Police Station, Mandya, for the offences punishable under Sections 143, 148, 114, 120B, 302 and 149 of IPC, are before this Court in this successive bail applications filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.206/2023 was registered by Srirangapatna Police Station, Mandya, for the aforesaid offences against Shivaprasad and others based on the first information dated 02.10.2023 received from Pramoda, who is the brother of Vinoda alias Kunta Vinu. During the course of investigation, accused No.2 was arrested on 06.10.2023 and accused No.11 was arrested on 23.10.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed. Bail application filed by petitioners - 4 - HC-KAR NC: 2025:KHC:27444 CRL.P No. 9764 of 2025 C/W CRL.P No. 6004 of 2025 earlier was rejected. Therefore, accused No.11 had approached this Court in Crl.P.No.6131/2024 which was rejected. Thereafter, petitioners had filed bail applications before the jurisdictional Sessions Court which were rejected. It is under these circumstance, petitioners are before this Court in these petitions. 4. Learned counsel for the petitioners submits that name of accused No.2 is not found in the FIR. In the charge sheet there is an allegation against him that he along with accused Nos.1, 3 to 6 and 9 had assaulted the deceased with deadly weapons and committed his murder. Accused Nos.4 and 5 as against whom similar allegations are found in the charge sheet are now released on bail by this Court in Crl.P.No.6884/2025 and Crl.P.No.6384/2025 respectively. As against accused No.11, the only allegation is that he had instigated other accused persons to commit the murder of deceased. Undisputedly, he was not present at the spot of crime on the alleged date of crime. In all the other cases registered against him, he is enlarged on bail. Accordingly, they pray to allow the petitions. - 5 - HC-KAR NC: 2025:KHC:27444 CRL.P No. 9764 of 2025 C/W CRL.P No. 6004 of 2025 5. Per contra, learned HCGP who has opposed the petitions does not dispute the submission made by learned counsel for the petitioners. 6. First informant - CW1/Pramod is an eye witness to the incident in question. The name of accused No.2 is not found in the FIR and his presence was not spoken to by CW1. CW2 to CW4 are the other eye witnesses to the incident in question who came to the spot after hearing CW1/Pramod shouting. In their statement, they have not spoken about the specific overt act of accused No.2 in the alleged crime. It is under these circumstances, accused Nos.4 and 5 have been granted regular bail by this Court in Crl.P.No.6884/2025 and Crl.P.No.6384/2025 respectively. Accused No.2 undisputedly has no other criminal antecedents. He is in custody in the present case from 06.10.2023 onwards. 7. Insofar as accused No.11 is concerned, the only allegation against him is that he had instigated other accused persons to commit the murder of deceased Vinod. The allegation of assaulting the deceased with weapons is found in charge sheet against accused Nos.1 to 6 and 9. In the earlier - 6 - HC-KAR NC: 2025:KHC:27444 CRL.P No. 9764 of 2025 C/W CRL.P No. 6004 of 2025 criminal cases registered against accused No.11, he is said to have been granted bail. In the present case, he is in custody from 23.10.2023. The case before the Trial Court is still at the stage of hearing before charge. The prosecution has in all cited 45 charge sheet witnesses in the present case. Therefore, the chances of trial being completed and the case being disposed of on merits in the near future is very remote. Under the circumstances, I am of the opinion that their prayer for grant for regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petitions are allowed. The petitioners are directed to be enlarged on bail in SC No.5023/2024 pending before the Court of III Addl. District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Crime No.206/2023 registered by Srirangapatna Police Station, Mandya, for the offences punishable under Sections 143, 148, 114, 120B, 302 and 149 of IPC, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2025:KHC:27444 CRL.P No. 9764 of 2025 C/W CRL.P No. 6004 of 2025 b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN