- 1 - HC-KAR NC: 2026:KHC:25855 CRL.P No. 2705 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2705 OF 2026 BETWEEN: SRI RAGHAVENDRA S/O MUNIYAPPA AGED ABOUT 38 YEARS R/AT YARTHIGANAHALLI VILLAGE DODDAJALA POST, KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 157. …PETITIONER (BY SRI RAKESH RAJ, ADV., FOR SMT. BHAVYA N.G, ADV.) AND: STATE OF KARNATAKA BY DEVANAHALLI P.S REPT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE ABOVE PETITIONER ON BAIL AND RELEASE HIM JUDICIAL CUSTODY IN S.C.NO.15045/2023 OF CRIME NO.153/2023 REGISTERED RESPONDENT DEVANAHALLI P.S FOR ALLEGED OFFENCE U/S 302 R/W 34 OF IPC PENDING BEFORE IN THE COURT OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, SITTING AT DEVANAHALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25855 CRL.P No. 2705 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in S.C.No.15045/2023 pending before the Court of V Addl. District & Sessions Judge, Bengaluru Rural District, sitting at Devanahalli, arising out of Crime No.153/2023 registered by Devanahalli Police Station, Bengaluru Rural District, for the offences punishable under Sections 302 read with 34 IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the petitioner and the learned Addl. SPP on behalf of the respondent-State. 3. FIR in Crime No.153/2023 was registered by Devanahalli Police Station against the petitioner and his wife for the aforesaid offences based on the first information dated 05.08.2023 submitted by Rajanna who is the younger brother of the petitioner and son of deceased Chinnamma. 4. During the course of investigation, petitioner herein was arrested on 05.08.2023 and remanded to judicial custody. His - 3 - HC-KAR NC: 2026:KHC:25855 CRL.P No. 2705 of 2026 regular bail application filed before the jurisdictional Sessions Court was rejected, and therefore, he had approached this Court in Crl.P.No.2003/2024 which was dismissed as withdrawn with liberty to file a fresh petition before the Trial Court. Subsequently, petitioner had filed a fresh bail application before the Trial Court which was also rejected. Therefore, he had approached this Court in Crl.P.No.7243/2024 which was rejected on 20.09.2024. Subsequently, during the course of trial, the prosecution has examined material charge sheet witnesses before the Trial Court as PW-1 to PW-4. After their examination, petitioner has filed this fresh bail application before this Court seeking regular bail. 5. Learned Counsel for the petitioner submits that petitioner's earlier bail application was rejected by this Court considering the fact that CW-1 & CW-4 who are the close relatives of the petitioner are the eye-witnesses to the incident in question. The said witnesses are now examined as PW-2 & PW-3. He submits that CW-3 who is another material charge sheet witness who had shifted the injured to the hospital in his ambulance is also examined as PW-1. Petitioner who has no - 4 - HC-KAR NC: 2026:KHC:25855 CRL.P No. 2705 of 2026 criminal antecedents is in custody from 05.08.2023. Accused no.2 has been granted regular bail by the Trial Court in Crl. Misc. No.15404/2023 by order dated 01.12.2023. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP who has opposed the petition, submits that eye-witnesses have supported the case of the prosecution. Petitioner had a strong motive to commit the murder of the deceased who is none other than his mother. Accordingly, she prays to dismiss the petition. 7. Perusal of the material on record would go to show that there was a serious property dispute between the children of deceased Chinnamma. On the alleged date of incident, when Chinnamma was collecting broom sticks in their property, accused nos.1 & 2 who came there allegedly quarreled with her and accused no.2 slapped on the face of Chinnamma and pushed her down. Accused no.1, thereafter, allegedly assaulted Chinnamma with a wooden club on her head and caused fatal injuries. After seeing CW-1 & CW-4 coming near the spot of crime, accused no.1 thereafter allegedly shifted injured Chinnamma to the hospital in the ambulance of CW-3. The - 5 - HC-KAR NC: 2026:KHC:25855 CRL.P No. 2705 of 2026 doctors in the hospital after examining Chinnamma had declared that she was brought dead. Even as per the charge sheet allegations, it was accused no.1 who had assisted CW-3 to shift injured Chinnamma to the hospital. 8. CW-3 who is the person who had initially seen injured and had thereafter shifted her in his ambulance to the hospital, has been examined in the present case as PW-1 and he has completely turned hostile to the case of the prosecution. Therefore, the prosecution has treated him as hostile witness and has cross-examined him. However, nothing incriminating has been elicited from his mouth. The other two material charge-sheet witnesses CW-2 & CW-4 are also examined before the Trial Court as PW-2 & PW-3. Out of 36 charge sheet witnesses cited in the present case, as on this date, four charge sheet witnesses who are the material witnesses have been examined. Therefore, there cannot be any apprehension that petitioner may tamper with the material witnesses in the event he is enlarged on bail. Petitioner, who has no other criminal antecedents is in custody from 05.08.2023. Accused no.2 who is petitioner's wife has been enlarged on bail by the Trial Court - 6 - HC-KAR NC: 2026:KHC:25855 CRL.P No. 2705 of 2026 by order dated 01.12.2023 in Crl. Misc. No.15404/2023. Since only four witnesses have been examined out of the 36 charge sheet witnesses cited in the present case, chances of the trial being completed and the case being disposed of on merits in the near soon is very remote. 9. Considering the aforesaid aspects of the matter and also taking into consideration the period of incarceration by the petitioner, I am of the opinion that without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 10. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.15045/2023 pending before the Court of V Addl. District & Sessions Judge, Bengaluru Rural District, sitting at Devanahalli, arising out of Crime No.153/2023 registered by Devanahalli Police Station, Bengaluru Rural District, for the offences punishable under Sections 302 read with 34 IPC, subject to the following conditions: - 7 - HC-KAR NC: 2026:KHC:25855 CRL.P No. 2705 of 2026 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK