- 1 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 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. 4171 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: 1. ROHITH BABU R @ ROHITH @ ROHI S/O. RANGASWAMY AGED ABOUT 35 YEARS R/AT NO. 88, LAKSHMISAGARA MAHADESHWARAPURA MELUKOTE HOBLI PANDAVAPURA TALUK MANDYA DISTIRCT – 571434. 2. DARSHAN L.S S/O. LATE SURESH AGED ABOUT 23 YEARS R/AT LAKSHMISAGARA MAHADESHWARAPURA MELUKOTE HOBLI PANDAVAPURA TALUK MANDYA DISTIRCT - 571434. …PETITIONERS (BY SRI. K. RAMA SINGH., ADVOCATE) AND: 1. THE STATE BY MELUKOTE POLICE STATION REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560001. 2. L C SWAMY S/O CHIKKAPAPEGOWDA AGED ABOUT 55 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 of 2026 R/AT LAKSHMISAGARA VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT-571434. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP. FOR R1: SRI. H S SHANKAR, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.141/2022 (SC.NO.5014/2023) UNDER SECTION 143, 302, 201, R/W 149 OF IPC, REGISTERED BY MELUKOTE P.S, PENDING BEFORE THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA) BY IMPOSING ANY STRIGNENT CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners, who are accused Nos.1 and 2 in S.C.No.5014/2023 pending before the Court of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Crime No.141/2022 registered by Melukote Police Station, Mandya, for offences punishable under Sections 143, 302, 201 read with Section 149 of IPC, are before this Court in the successive bail petition filed under Section 483 of the - 3 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 of 2026 Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard learned counsel appearing for the petitioners, learned Addl. SPP appearing for the respondent No.1-State and learned counsel appearing for the respondent No.2. 3. FIR in Crime No.141/2022 was registered by Melukote Police Station initially for the offences punishable under Section 143, 302 read with 149 of IPC against the petitioners herein and three others based on the first information dated 30.09.2022 received from Swamy.L.C., father of the deceased woman. In the said case, petitioners, who are arraigned as accused No.1 and No.2 were arrested on 01.10.2022 and subsequently, remanded to judicial custody. Their bail application filed before the Sessions Court was rejected and therefore, the petitioners had approached this Court in Criminal Petition No.7593/2023 and Criminal Petition No.7685/2023, which were disposed of on 07.09.2023, with liberty to the - 4 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 of 2026 petitioners to file a fresh bail petition after examination of the alleged eye witnesses is completed before the Trial Court. Subsequently, the petitioners have filed a fresh bail application before the Trial Court in Crl.Misc.No.5401/2025 which was rejected on 12.12.2025. Therefore, they are before this Court. 4. Learned counsel appearing for the petitioners submits that all the alleged eye witnesses have been completely examined in the present case before the Trial Court. Petitioners are in custody for the last more than 3 years 8 months. Petitioner No.2 has no criminal antecedents. Petitioner No.1 had one case registered against him for offence punishable under Section 307 of IPC and other criminal cases registered are for petty offences. In the case registered against the petitioner No.1 for the offence punishable under Section 307, he has been acquitted by the Trial Court in S.C.No.5030/2018 and he has also been acquitted in the other cases registered for - 5 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 of 2026 petty offences. The other accused persons in the present case have been enlarged on bail. Hence, he prays to allow the petition. 5. Per contra, Addl. SPP appearing for the respondent No.1-State as well as the learned counsel appearing for the respondent No.2 have opposed the bail application. They submit that the material charge sheet witnesses have supported the case of the prosecution. Still some of the witnesses are required to be examined and in the event petitioners are enlarged on bail, they may tamper with the prosecution witnesses. Hence, they pray to dismiss the petition. 6. Earlier criminal petitions filed by the petitioners herein seeking regular bail were disposed of by this Court by order dated 07.09.2023 with liberty to the petitioners to renew their petitions before the Trial Court after the alleged eyewitnesses are examined in the present case. It is not in dispute that all the eyewitnesses cited in the - 6 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 of 2026 charge sheet have been now examined before the Trial Court and have been completely cross examined. 7. This Court while considering the bail application of an accused cannot appreciate the deposition of the witnesses at this stage. The petitioners are in custody in the present case for the last more than 3 years and 8 months. Petitioner No.2 has no criminal antecedents. Petitioner No.1, who was involved in another criminal case for offence punishable under Section 307 of IPC registered in the year 2016, has been acquitted by the Trial Court in S.C.No.5030/2018 by judgment and order dated 21.10.2020. In other criminal cases registered against the petitioner No.1 for petty offences, he is said to have been acquitted. Out of the 50 charge sheet witnesses cited in the present case, till date, only 9 charge sheet witnesses have been examined as PW1 to PW9. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near future, is remote. - 7 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 of 2026 8. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another – (2024) 9 SCC 813 at paragraph No.17, 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". 9. The apprehension expressed by the learned Addl. SPP as well as by the learned counsel appearing for the respondent No.2 can be taken care of by imposing appropriate conditions on the petitioners. Accordingly, the following order: ORDER The petition is allowed. - 8 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 of 2026 The petitioners are directed to be enlarged on bail in S.C.No.5014/2023 pending before the Court of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna, arising out of Crime No.141/2022 registered by Melukote Police Station, Mandya, for offences punishable under Sections 143, 302, 201 read with Section 149 of IPC, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties 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; d) The petitioners shall not involve in similar offences in future; - 9 - HC-KAR NC: 2026:KHC:30572 CRL.P No. 4171 of 2026 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. f) The petitioners shall appear before the SHO of Melukote Police Station on every third Sunday of the month between 10:30 a.m. and 1:00 p.m. and mark their attendance, till the case registered against them is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 60