- 1 - HC-KAR NC: 2026:KHC:32303 CRL.P No. 127 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 127 OF 2026 BETWEEN: SARAVANAN S/O LATE MURUGESHAN AGED ABOUT 35 YEARS R/AT NO.29, 5TH CROSS NAVODAYANAGARA, J.P. NAGAR 7TH PHASE, BENGALURU - 560 078. …PETITIONER (BY SMT. SWATHI R BHAT, ADV., FOR SMT. JAYANTHI R, ADV.) AND: STATE OF KARNATAKA BY PUTTENAHALLI P.S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING THE ABOVE NAMED PETITIONER WHO IS ARRAYED AS ACCUSED NO.1 MAY KINDLY BE RELEASED ON BAIL IN CR.NO.273/2022 (SC.NO.208/2023) REGISTERED BY PUTTENAHALLI P.S., PENDING BEFORE 60th ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-61) BANGALORE, FOR THE OFFENCE P/U/S 302 OF IPC. 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:32303 CRL.P No. 127 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.208 of 2023 pending before the Court of LX Additional City Civil & Sessions Judge, Bengaluru arising out of Crime No.273 of 2022 registered by Puttenahalli Police Station, Bengaluru City for offence punishable under Section 302 of IPC is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking the regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.273 of 2022 was registered by Puttenahalli Police Station, Bengaluru city for the aforesaid offence against petitioner herein based on the first information dated 22.10.2022 received from Smt. Uma, wife of deceased Selvaraj. In the said case, petitioner herein was arrested on 22.10.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for aforesaid offence. His bail application filed before the trial Court was rejected and therefore he had earlier approached this Court in Criminal Petition No.1367 of 2024 which was dismissed - 3 - HC-KAR NC: 2026:KHC:32303 CRL.P No. 127 of 2026 by the coordinate bench of this Court on 04.07.2024 considering the fact that there are eye witnesses to the incident in question. Subsequently, petitioner had filed a fresh bail application before the trial Court in S.C.No.208 of 2023, which was rejected on 17.12.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is in custody for the last more than three and a half years. Material charge sheet witnesses except CW16 (PW9), have been examined. She submits that, for the last more than 6 months, PW9 has not appeared before the trial Court in spite of coercive steps being taken against him. Accordingly, she prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that, petitioner hails from Tamil Nadu and in the event he is enlarged on bail, it would be difficult to secure his presence. He submits that, some of the material charge sheet witnesses are yet to be examined in the present case. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR NC: 2026:KHC:32303 CRL.P No. 127 of 2026 6. It is the case of the prosecution that petitioner had borrowed a sum of ₹.10,000/- from the deceased Selvaraj and had not repaid the same. Petitioner therefore had quarreled with Selvaraj and also his wife CW1. On 21.10.2022, petitioner came near the place where CW1 was carrying on her fruit business and allegedly quarreled with CW1 with regard to repayment of money borrowed from her husband Selvaraj. Thereafter, he allegedly went towards Selvaraj, who was talking to CW16 and pushed him down to the ground. When he fell down, petitioner allegedly assaulted Selvaraj with an umbrella on his head and caused injuries. Immediately thereafter, Selvaraj was shifted to hospital by CW2 and CW16. However, Selvaraj breathed his last in the hospital on 22.10.2022. CW1, CW2 and CW16 are the material charge sheet witnesses in the present case. 7. It is not in dispute that CW1 and CW2 have been completely examined before the trial Court as on this date. CW16 has been examined in the present case as PW9 and the order sheet of the trial Court would reflect that for the last 6 months, PW9 has not appeared before the trial Court for the - 5 - HC-KAR NC: 2026:KHC:32303 CRL.P No. 127 of 2026 purpose of his cross-examination in spite of the trial Court taking coercive steps to secure his presence. It is not in dispute that petitioner has no other criminal antecedents. He is in custody for the last more than three and a half years. 8. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. 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. Considering the nature of allegations found as against the petitioner, who has no other criminal antecedents and also taking into consideration his period of incarceration I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 6 - HC-KAR NC: 2026:KHC:32303 CRL.P No. 127 of 2026 10. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.208 of 2023 pending before the Court of LX Additional City Civil & Sessions Judge, Bengaluru arising out of Crime No.273 of 2022 registered by Puttenahalli Police Station, Bengaluru City for offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties ( out of which one must be local surety) 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. - 7 - HC-KAR NC: 2026:KHC:32303 CRL.P No. 127 of 2026 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 NMS List No.: 1 Sl No.: 47