- 1 - HC-KAR NC: 2025:KHC:35040 CRL.P No. 11157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11157 OF 2025 BETWEEN: SRI. GOVINDA @ GOVIND NAIK S/O GOVIND NAYAK, AGED ABOUT 39 YEARS, R/AT NO.84, GUBBALALA, MARUTHINAGAR, KANAKAPURA MAIN ROAD, BENGALURU - 560 061. …PETITIONER (BY SRI. CHETAN DESAI.,ADVOCATE) AND: THE STATE OF KARNATAKA BY KONANAKUNTE POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER., ADDL. SPP) 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.89/2021 PRESENTLY RENUMBERED AS SC NO.1009/2024 FOR THE OFFENCES P/U/S 302, 201, 109, 120(B) R/W 34 OF IPC 1860, REGISTERED BY KONANAKUNTE POLICE STATION PENDING ON THE FILE OF HONBLE LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35040 CRL.P No. 11157 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 2. Petitioner, arraigned as accused No.1 is in custody since 23.03.2021, in connection with a case registered in Crime No.89/2021 of Konanakunte Police Station, now pending in S.C.No.1009/2024 on the file of the Court of LXIX Additional City Civil and Sessions Judge at Bengaluru. This petition is preferred praying to enlarge him on bail. 3. It is not in dispute that this is a successive bail petition filed by the petitioner and on two occasions, this Court has dismissed the bail petitions in Crl.P.No.1193/2022 dated 30.05.2022 and Crl.P.No.9372/2022 dated 18.11.2022. One more petition filed in Crl.P.No.4449/2024 was dismissed for non - 3 - HC-KAR NC: 2025:KHC:35040 CRL.P No. 11157 of 2025 prosecution on 11.09.2024. It is noticed that while dismissing the petition, this Court reserved liberty to the petitioner to file a fresh petition before this Court after receipt of the FSL report. 4. Brief facts of the prosecution case are that, accused No.5, Jayalakshmi. N., is the wife of deceased Nagaraja. M. She was having an illicit relationship with accused No.3. Accused Nos.1 and 2 are the brothers of accused No.5 and accused No.4 is a friend of them. Deceased was addicted to alcohol and torturing his wife i.e., accused No.5. Inspite of the accused advising him, deceased continued to harass his wife-accused No.5. Hence, it is alleged that accused No.5 conspired with other accused and instigated them to commit his murder and in furtherance of the same, accused Nos.1 to 4 took the deceased in an autorickshaw, assaulted with clubs and strangled him to death. 5. Entire case is based on circumstantial evidence, as there are no eyewitnesses to the incident. It is - 4 - HC-KAR NC: 2025:KHC:35040 CRL.P No. 11157 of 2025 submitted that accused Nos.2 to 4 are already enlarged on bail. Accused No.2, undisputedly stands on the same footing as accused No.1, i.e., the petitioner herein, against whom similar allegations of assaulting the deceased with club are made. 6. Petitioner was arrested on 23.03.2021. He is in judicial custody since then, i.e., for nearly four and half years. Trial is yet to commence. Conclusion of trial may take some more time, as there are 46 witnesses cited in the charge sheet. 7. Learned counsel for petitioner contended that the minor children of the petitioner are suffering from Thalassemia and they need blood transmission every month. He has furnished the documents pertaining to both the children of petitioner. 8. I have perused the medical documents furnished. It can be seen that the children are 13 and 14 years old. As per the report, they have been advised blood - 5 - HC-KAR NC: 2025:KHC:35040 CRL.P No. 11157 of 2025 transfusion to maintain HB and there is complaint of blurring of vision. 9. In the above facts and circumstances, petitioner has made out sufficient grounds to enlarge him on bail. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioner / accused No.1 in Crime No.89/2021 of Konanakunte Police Station, (SC.No.1009/2024 on the file of the learned LXIX Additional City Civil and Sessions Judge, Bengaluru), shall be released on bail subject to following conditions: a) He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for likesum to the satisfaction of the jurisdictional Court; b) He shall not indulge himself in committing any offence. - 6 - HC-KAR NC: 2025:KHC:35040 CRL.P No. 11157 of 2025 c) He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. If any of the conditions are violated, the prosecution is at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 21