- 1 - HC-KAR NC: 2026:KHC:7868 CRL.P No. 1732 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 1732 OF 2026 BETWEEN: SRI. DINURAJ, AGED ABOUT 40 YEARS, S/O KRISHNA SUVARNA, R/A TIMMARAKODI HOUSE, SAMAGARAGUNDI, R V NAGARA, MARPADI VILLAGE, MOODABIDRI TALUK, D K DISTRICT - 574 227 (PETITIONER IS JUDICIAL CUSTODY) …PETITIONER (BY SRI. MIHIR RAO B.K., ADVOCATE) AND: STATE OF KARNATAKA BY MOODABIDRI POLICE STATION (REPRESENTED BY SPP HIGH COURT BUILDING, BANGALORE - 560001). …RESPONDENT (BY SMT. SOWMYA R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C. NO.01/2022 ARISING OUT OF CRIME NO.260/2021 OF MOODABIDRI POLICE STATION, DAKSHINA KANNADA DISTRICT, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302 AND 201 OF THE INDIAN PENAL CODE, NOW PENDING ON THE FILE OF THE COURT OF THE VI ADDL DISTRICT AND SESSIONS JUDGE, MANGALURU, DAKSHINA KANNADA DISTRICT. Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7868 CRL.P No. 1732 of 2026 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner being the sole accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.260/2021 of Moodabidre Police Station, pending on the file of the learned Civil Judge & JMFC Court Moodabidre, Mangalore City, registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Vishvanath Poojary. 2. Heard Sri Mihir Rao B.K., learned counsel for the petitioner and Smt. Sowmya R., learned HCGP for respondent No.1 - State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: " Whether the petitioner is entitled for grant of bail under Section 439 of Cr.PC?" - 3 - HC-KAR NC: 2026:KHC:7868 CRL.P No. 1732 of 2026 My answer to the above point is in the 'Negative' for the following: REASONS 4. Learned counsel for the petitioner submits that the petitioner had filed Crl.P.No.12519/2022 before this Court seeking release of the petitioner on bail. However, the said petition came to be dismissed on merits vide order dated 18.01.2023. Now it is the contention of the learned counsel for the petitioner that, since the liberty was reserved in favour of the petitioner to move the Trial Court after examination of the material witnesses, he had moved similar application before the Trial Court, but the same was dismissed. Hence, the petitioner is again before this Court. 5. On perusal of the order dated 18.01.2023, this Court after considering the contentions taken by the petitioner as well as by the State, had formed an opinion that there are prima- facie materials against the petitioner for having committed the offence which is punishable either with death or imprisonment for life and that the petitioner is not entitled for bail. However, liberty was reserved in favour of the petitioner to move the - 4 - HC-KAR NC: 2026:KHC:7868 CRL.P No. 1732 of 2026 Trial Court for bail after examination of the material witnesses. Now it is stated that all the eyewitnesses are examined as PWs.1 to 7. The witnesses to the recovery mahazar under which the weapons said to have been used for commission of the offence were recovered at the instance of the petitioner, are examined as PWs.12 and 13. It is not in dispute that all these material witnesses have supported to the case of the prosecution. Therefore, the case of the prosecution has strengthened after examining the material witnesses. 6. In view of the above, I do not find any ground to enlarge the petitioner on bail. Accordingly, I answer the above point in the 'Negative' and proceed to pass the following: ORDER The petition is dismissed. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 7