- 1 - HC-KAR NC: 2025:KHC:27314 CRL.P No. 9548 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. 9548 OF 2025 BETWEEN: 1. MAHADEVASWAMY @ MADAPPA S/O HEBBALEGOWDA AGED ABOUT 22 YEARS R/AT 110, NANDAKALLI VILLAGE, MYSURU TALUK & DISTRICT - 570 001. 2. SATHISH @ SATHISH KUMAR @ DILLA S/O DOLLEGOWDA AGED ABOUT 25 YEARS R/AT. NO.265, MANDAKALLI VILLAGE, KASABA HOBLI MYSURU TALUK & DISTRICT - 570 001. …PETITIONERS (BY SRI PRAVEEN KUMAR K.S, ADV.) AND: STATE OF KARNATAKA BY MYSURU SOUTH POLICE STATION MYSURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27314 CRL.P No. 9548 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THEM ON BAIL WHO ARE ARRAYED AS ACCUSED NO.2 AND 3 RESPECTIVELY IN SC NO.147/2021 FOR THE OFFENCES P/U/S 302 AND 120(B) OF IPC ON THE FILE OF RESPONDENT MYSURU SOUTH POLICE NOW PENDING ON THE FILE OF THE HONBLE VII ADDL.DISTRICT AND SESSIONS JUDGE, AT MYSURU. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 and 3 in SC No.147/2021 pending before the Court of VII Addl. District and Sessions Judge, Mysuru, arising out of Crime No.01/2021 registered by Mysore South Police Station, Mysuru, for the offences punishable under Sections 302 and 120B of IPC, are before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.1/2021 was registered by Mysore South Police Station, Mysuru, initially for the offences punishable under Sections 302 and 396 of IPC against unknown persons based on the first information dated 02.01.2021 received from Mahadevu after the dead body of Marikotegowda was found - 3 - HC-KAR NC: 2025:KHC:27314 CRL.P No. 9548 of 2025 within the jurisdictional of Mysore South Police Station, Mysuru. During the course of investigation, petitioners herein were arrested on 08.01.2021 and after completing investigation, charge sheet has been filed against three persons and petitioners are arraigned as accused Nos.2 and 3 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was earlier rejected and therefore, accused No.3 had approached this Court in Crl.P.No.6005/2025 which was dismissed as withdrawn on 05.06.2025 with liberty to file a fresh petition after examination of material charge sheet witnesses PW1 to PW19 is completed before the Trial Court. Subsequently, petitioners herein had filed bail application before the Trial Court in SC No.147/2021 which was rejected on 30.06.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that petitioners, who are youngsters do not have any criminal antecedents. All the material charge sheet witnesses have been examined in the present case and they have not supported the case of prosecution. Petitioners are in custody for the last more - 4 - HC-KAR NC: 2025:KHC:27314 CRL.P No. 9548 of 2025 than four and half years in the present case. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioners. 6. FIR in the present case was registered against unknown persons. During the course of investigation, petitioners herein were arrested on 08.01.2021. After completing investigation, charge sheet has been filed against three persons. The entire case of the prosecution is based on circumstantial evidence. Bail application filed by accused No.2 in Crl.P.No.6005/2025 was dismissed as withdrawn with liberty to file a fresh petition after PW1 to PW19, who are the material charge sheet witnesses in the present case, are examined before the Trial Court. PW1 to PW19 have been completely examined before the Trial Court and according to learned counsel for the petitioners, the said witnesses have not supported the case of the prosecution. Be that as it may, at this stage this Court cannot appreciate the deposition of the witnesses. It is suffice to note that all the material charge sheet witnesses are already - 5 - HC-KAR NC: 2025:KHC:27314 CRL.P No. 9548 of 2025 examined in the present case and therefore, there cannot be any apprehension that petitioners may tamper with the prosecution witnesses in the event they are enlarged on bail. Undisputedly, petitioners who are youngsters do not have any criminal antecedents. They are in custody for the last more than four and half years. Considering the aforesaid aspects of the matter and taking into consideration the period of incarceration of the petitioners, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.147/2021 pending before the Court of VII Addl. District and Sessions Judge, Mysuru, arising out of Crime No.01/2021 registered by Mysore South Police Station, Mysuru, for the offences punishable under Sections 302 and 120B 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; - 6 - HC-KAR NC: 2025:KHC:27314 CRL.P No. 9548 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