- 1 - HC-KAR NC: 2026:KHC:32250 CRL.P No. 5749 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. 5749 OF 2026 BETWEEN: JOHIRUL MALLLICK @ UJWAL S/O SAFATULLA MALLICK AGED ABOUT 30 YEARS R/AT C/O PRADEEP NAIDU OPP CHINNU PARADISE SHED ALPHINIC APARTMENT ROAD DODDANEKUNDI BANGALORE - 560 045. …PETITIONER (BY SRI MOHAMMED PASHA C, ADV.) AND: STATE OF KARNATAKA BY MAHADEVAPURA P.S REP BY HIGH COURT GOVERNMENT PLEADER HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS BAI PETITION AND RELEASE THE PETITIONER ON BAIL IN S.C.NO.11/2024 ARISING OUT OF CR.NO.444/2023 REGISTERED BY THE MAHADEVAPURA POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 302 OF IPC WHICH IS PENDING ON THE FILE OF THE HONBLE PRL. CITY CIVIL AND SESSIONS JUDGE, IN THE COURT OF IV ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-21), MAYOHALL UNIT, BENGALURU AGAINST THIS PETITIONER. 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:32250 CRL.P No. 5749 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.11/2024 pending before the Court of LXXIV Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru, arising out of Crime No.444/2023 registered by Mahadevapura Police Station, Bengaluru, for the offence punishable under Section 302 of IPC, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.444/2023 was registered by Mahadevapura Police Station, Bengaluru, for the aforesaid offence against the petitioner herein based on the first information dated 17.08.2023 received from Koushal after the dead body of an unknown male was recovered within the jurisdiction of Mahadevapura Police Station, Bengaluru. During the course of investigation, petitioner herein was arrested on 18.08.2023 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offence. His bail application filed before the Trial - 3 - HC-KAR NC: 2026:KHC:32250 CRL.P No. 5749 of 2026 Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.13160/2023 which was rejected on 24.01.2024 with liberty to move a fresh bail application before the Trial Court after examination of material charge sheet witnesses. Subsequently, petitioner filed a fresh bail application before the Trial Court in Crl.Misc.No.25496/2025, which was rejected on 05.08.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that petitioner was working as a mason under CW10 and he was staying in the labour shed. On 17.08.2023, petitioner allegedly quarrelled with one Gambir, who was working as a watchman and complainant allegedly pacified the quarrel. At about 03.00 p.m. on the same day, he once again started quarrelling with Gambir and this was informed by the deceased to the complainant and therefore, complainant came there. Petitioner, who saw the complainant allegedly abused the deceased for the reason that he had informed the complainant and thereafter, allegedly pushed him down and stamped on his neck. As a result, deceased who sustained injuries had died. - 4 - HC-KAR NC: 2026:KHC:32250 CRL.P No. 5749 of 2026 5. During the course of trial, all the material charge sheet witnesses have been examined. The submission made by learned counsel for the petitioner that all the material charge sheet witnesses have turned hostile and the said charge sheet witnesses have been cross-examined by the Public Prosecutor, is not seriously disputed by learned HCGP. Petitioner is in custody in the present case for the last more than two and half years. 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. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.11/2024 pending before the Court of LXXIV Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru, arising out of Crime No.444/2023 registered by Mahadevapura Police Station, Bengaluru, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2026:KHC:32250 CRL.P No. 5749 of 2026 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 DN List No.: 1 Sl No.: 62