- 1 - NC: 2025:KHC-K:1383 CRL.P No. 200403 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200403 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SRI. ANAND S/O RAMU @ RAMAPPA @ RAM YAMKANCHI @ GOLLAR, AGE: 26 YEARS, OCC: COOLIE. 2. SRI. KIRAN S/O RAMU @ RAMAPPA @ RAM YAMKANCHI @ GOLLAR, AGE: 20 YEARS, OCC: COOLIE, BOTH R/O. GOLLAR ONI SINDAGI, DIST. VIJAYAPURA-586101 …PETITIONERS (BY SRI. S. S. MAMADAPUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SINDAGI POLICE STATION, DIST. VIJAYAPURA, REP. BY ITS ADDITIONAL SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585107. …RESPONDENT (BY SMT. MAYA T.R., HCGP) Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1383 CRL.P No. 200403 of 2025 THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO, ENLARGE THE PETITIONERS ON BAIL IN S.C NO. 226/2023 ARISING OUT OF CRIME NO. 142/2023 OF SINDAGI POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 109, 341,302, R/W 34 OF IPC ON THE FILE OF THE HON’BLE IVTH ADDITIONAL SESSIONS JUDGE VIJAYAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 in S.C.No.226/2023 pending before the Court of IV Additional District and Sessions Judge, Vijayapura, arising out of Crime No.142/2023 registered by Sindagi Police Station, for the offences punishable under Sections 341, 302, 109 read with Section 34 of IPC, are before this Court in this successive bail application filed under Section 439 of Cr.P.C. 2. Heard the learned counsel for the petitioners and the learned HCGP, who is directed to take notice for respondent-State. - 3 - NC: 2025:KHC-K:1383 CRL.P No. 200403 of 2025 3. Learned counsel for the petitioners submits that, the petitioner’s had earlier approached this Court in Criminal Petition No.200607/2024 which was dismissed as withdrawn with liberty to the petitioners to file a fresh bail application after examination of C.W.1, who is an alleged eyewitness in the present case, is completed before the trial Court. 4. He submits that, C.W.1 who was examined as P.W.3 has turned hostile to the case of the prosecution. The petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioners. 6. The charge-sheet is filed against the petitioners and other two accused persons, alleging that, the petitioners had an ill-will against the grand-mother of the first informant Smt. Gangavva. On 15.06.2023, at about 18.30 hours, when the first informant was riding his scooter bearing registration No.KA-28/HB-1595 in which his grand-mother Gangavva was - 4 - NC: 2025:KHC-K:1383 CRL.P No. 200403 of 2025 a pillion rider, the accused Nos.1 to 3 who allegedly intercepted the motorcycle of the first informant, threw chilly powder on the eyes of Gangavva and thereafter assaulted her with wooden clubs and sickle and committed her murder. The petitioners herein who are arrayed as accused Nos.1 and 2 in the charge-sheet had earlier approached this Court in Criminal Petition No.200607/2024 and the said petition was dismissed as withdrawn at that stage with liberty to the petitioners to file a fresh petition after examination of the first informant – C.W.1 who is a eyewitness to the incident in question was completed before the trial Court. C.W.1 – Bhimu Gollar has now examined before the trial Court as P.W-3. He has turned hostile to the case of the prosecution and Public Prosecutor has cross-examined him. Out of 27 charge-sheet witnesses, till date the prosecution has only examined 03 charge-sheeted witnesses before the trial Court. The petitioners who have no other criminal antecedents are in custody from 17.06.2023. Considering the aforesaid aspect of the matter, I am of the opinion that, the - 5 - NC: 2025:KHC-K:1383 CRL.P No. 200403 of 2025 prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.142/2023 of Sindagi Police Station, Vijayapur, registered for the offences punishable under Sections 341, 302, 109 read with Section 34 of IPC, pending in C.C.No.4083/2023 on the file of learned IV Additional District and Sessions Judge, Vijayapur, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; 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; - 6 - NC: 2025:KHC-K:1383 CRL.P No. 200403 of 2025 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. In view of the disposal of the criminal petition, pending I.As., if any do not survive for consideration. Accordingly, the same is disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 22 CT:PK