- 1 - HC-KAR NC: 2026:KHC:30571 CRL.P No. 4226 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4226 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: NAGARAJE GOWDA M K @ NAGARAJA S/O LATE KENCHEGOWDA AGED ABOUT 45 YEARS R/AT MATTAVARA VILLAGE KASABA HOBLI, MUGTIHALLI POST CHIKKAMAGALAURU TALUK …PETITIONER (BY SRI. S SHANKARAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH CHIKAMAGALUR RURAL P.S REP BY SPP, HIGH COURT COMPLEX BANGALORE - 560001. 2. SRI GURUMURTHY M.S. S/O SIDDEGOWDA AGED ABOUT 55 YEARS R/AT NO. 28, MATHAVARA MUGATHI HALLI CHIKKAMAGALURU-577133. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1: SRI. SUYOG HERELE.E., ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL U/S 439 OF CRPC IN SC.NO 19/2022 (ARISING OUT OF CR.NO. 0339/2021 OF CHIKKAMAGALURU RURAL PS) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30571 CRL.P No. 4226 of 2026 BEFORE THE HON’BLE I ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU FOR OFFENCES PUNISHABLE UNDER SECTIONS 341, 302, 201 AND 109 R/W 34 IPC. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.19/2022 pending before the Court of the I Additional District and Sessions Judge, Chikkmagaluru arising out of Crime No.339/2021 registered by the Chikkamagaluru Rural Police Station, Chikkamagaluru for offences punishable under Sections 341, 302, 201, 109 read with Section 34 of IPC, is before this Court in the successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned Addl. SPP appearing for the respondent-State. 3. FIR in Crime No.339/2021 was registered by the Chikkamagaluru Rural Police Station, Chikkamagaluru, initially for the offences punishable under Sections 302, - 3 - HC-KAR NC: 2026:KHC:30571 CRL.P No. 4226 of 2026 201, 114, 34 of IPC against the petitioner and two others, who are his brothers, based on the first information dated 03.11.2021, received from Gurumurthy.M.S., father of deceased, Prakruth. In the said case, the petitioner and other accused were arrested on 05.11.2021 and remanded to judicial custody. After completion of investigation, charge sheet was filed against three persons for the aforesaid offences. The petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.5936/2024, which was rejected by the Co-ordinate Bench of this Court on 24.07.2024. Again, the petitioner had filed Crl.P.No.7752/2025, which was dismissed as withdrawn on 19.06.2025. Thereafter, the petitioner had filed Crl.P.No.9582/2025 before this Court, which was dismissed as withdrawn on 29.08.2025 with liberty to the petitioner to approach the Sessions Court, raising grounds which were not raised earlier. Subsequently, the petitioner - 4 - HC-KAR NC: 2026:KHC:30571 CRL.P No. 4226 of 2026 had filed a fresh bail application before the Trial Court in S.C.No.19/2022, which was rejected on 20.12.2025. It is under these circumstances, he is before this Court. 4. Learned counsel appearing for the petitioner submit that except the present case, no other criminal case is pending against the petitioner. He is in custody for the last nearly five years. Accused Nos.2 and 3 are already enlarged on bail. Out of 50 charge sheet witnesses cited in the present case, only 9 charge sheet witnesses are examined till date. Accordingly, he prays to allow the petition. 5. Per contra, learned Add. SPP appearing for respondent-State as well as learned counsel appearing for respondent No.2 have opposed the petition. They submit that all the material charge sheet witnesses including the eye witnesses have supported the case of the prosecution. In the event, the petitioner is enlarged on bail, he may tamper with the prosecution witnesses. They also submit - 5 - HC-KAR NC: 2026:KHC:30571 CRL.P No. 4226 of 2026 that allegation of assaulting the deceased with a weapon is found as against the petitioner-accused No.1. Accordingly, they pray to dismiss the petition. 6. Perusal of the material on record would go to show that the incident in question had taken place on 03.11.2021 in the background of a civil dispute between the family of the deceased and the petitioner herein. In the alleged incident that had taken place on 03.11.2021, accused No.1-petitioner herein had allegedly assaulted the deceased with a sickle and had committed his murder. CWs-7, 15 and 16 are the alleged eye witnesses in the present case. CW-7 has been examined as PW-2 and CW- 15 has been examined as PW-3 in the present case. The prosecution has given up the other alleged witness, CW- 16. The trial in the case has commenced in the month of September 2024. Out of the 50 charge sheet witnesses cited in the present case, till date, only 9 charge sheet witnesses have been examined as PW-1 to PW-9. Therefore, the chances of the trial being completed and - 6 - HC-KAR NC: 2026:KHC:30571 CRL.P No. 4226 of 2026 the case being disposed of on merits in the near future, is remote. 7. It is not in dispute that except the present case, there is no other criminal case pending against the petitioner. Accused Nos.2 and 3 are already enlarged on bail. 8. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another – (2024) 9 SCC 813 at paragraph No.17, the Hon'ble Supreme Court has observed as follows: "17. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". - 7 - HC-KAR NC: 2026:KHC:30571 CRL.P No. 4226 of 2026 9. The petitioner is in custody in the present case from 05.11.2021 onwards. It is trite that an accused cannot be detained in custody as a preventive or precautionary measure. The apprehension expressed by the learned counsels appearing on behalf of the respondents can be taken care of by imposing appropriate conditions. 10. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.19/2022 pending before the Court of the I Additional District and Sessions Judge, Chikkmagaluru arising out of Crime No.339/2021 registered by the Chikkamagaluru Rural Police Station, Chikkamagaluru for offences punishable under Sections 341, 302, 201, 109 - 8 - HC-KAR NC: 2026:KHC:30571 CRL.P No. 4226 of 2026 read with Section 34 of IPC, subject to the following conditions: 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 DM LIST NO.: 1 SL NO.: 61