- 1 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 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. 3703 OF 2026 BETWEEN: 1. UMESHA N M S/O MOGANNEGOWDA AGED ABOUT 33 YEARS RESIDING AT NALLENHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571455 …PETITIONER (BY SRI: DIGANTH JAIN, ADV FOR SRI: SANTOSH S NAGARALE, ADV) AND: 1. STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION MANDYA DISTRICT-571434 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SRI: R RANGASWAMY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN SC.NO.5044/2023 (ARISING OUT OF CR.NO.0368/2022 OF PANDAVAPURA POLICE STATION), PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA) REGISTERED FOR THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 of 2026 OFFENCES PUNISHABLE UNDER SECTIONS 120B, 302, 307 READ WITH 34 OF IPC. THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.5044 of 2023 pending before the Court of III Additional District and Sessions Judge, Mandya (sitting at Srirangapatna), arising out of Crime No.368 of 2022 registered by Pandavapura Police Station, Mandya, for offences punishable under Sections 120-B, 302, 307 read with Section 34 of IPC, is before this Court in the 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.368 of 2022 was registered by Pandavapura Police Station, Mandya, initially for the offences punishable under Sections 279, 337, 304-A of IPC and Section 187 of Indian Motor Vehicles Act, 1988 as against the driver of the vehicle bearing registration No.KA-11-C-2009, based on the - 3 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 of 2026 first information dated 17.12.2022, received from Bettegowda, who is the uncle of deceased Lakshmi. 4. In the said case, the petitioner herein was arrested on 24.12.2022 and subsequently remanded to judicial custody. After completing the investigation, charge sheet is filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court was rejected and therefore, the petitioner had approached this Court in Criminal Petition No.11758 of 2023, which came to be dismissed on 05.02.2024. Subsequently, the petitioner has filed fresh bail application before the Trial Court in SC No.5044 of 2023, which was rejected on 31.07.2025. It is under these circumstances, he is before this Court. 5. Learned counsel for the petitioner having re- iterating the grounds urged in the petition, submits that the petitioner is in custody for morethan 3½ years. Trial is at the stage of framing of charge. Accused No.2 has been granted regular bail by the co-ordinate of this Court in Criminal Petition No.12118 of 2023. The petitioner has been implicated in the present case on the basis of a belated statement made by the - 4 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 of 2026 alleged eye witness. Accordingly, he prays for allowing the petition. 6. Per contra, learned High Court Government Pleader opposing the petition submits that the petitioner had a motive to commit the murder of the deceased. The deceased has suffered multiple injuries in the incident in question. Petitioner's earlier bail application was rejected by this Court and no change in circumstance is made out. Accordingly, he prays to dismiss the petition. 7. First informant in the present case is a close relative of the deceased as well as to the petitioner. Based on the first information, FIR was initially registered against the driver of the vehicle bearing registration No.KA-11-C-2009 for the offences punishable under Sections 279, 337, 304-A of IPC and Section 187 of IMV Act. It is only based on the subsequent statement of the alleged eye witness - the first informant in the present case, which was recorded after a period of 7 days from the date of first information, the petitioner herein has been arrayed as accused and was arrested in the present case. - 5 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 of 2026 8. As per the charge sheet allegations, the petitioner and the deceased were close relatives and they had an ill-will against each other with regard to hotel business that was carried on by deceased and her husband Venkatesh (CW2), who is the injured in the present case. In the charge sheet, it is also mentioned that the parties had a dispute with regard to partition of certain immovable property. It is alleged that on 15.12.2022, accused No.2 who is the driver of the petitioner was consuming alcohol behind the hotel of the deceased, who allegedly had abused him and there was a quarrel between the deceased and accused No.2 and thereafter, accused Nos.1 and 2 allegedly had threatened her. On 16.12.2022 at about 08.30 p.m. when Venkatesh (CW2), who is the injured and his wife Lakshmi, who is the deceased were travelling in a two wheeler bearing registration No.KA-11-ES-1745, the offending vehicle bearing registration No.KA-11-C-2009, which was allegedly driven by the petitioner, in which accused No.2 was also a inmate, dashed against the two wheeler of Venkatesh from its hind portion. In the said incident, Venkatesh and Lakshmi had suffered grievous injuries and Lakshmi who was admitted in a hospital, died while undergoing treatment. It is under these - 6 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 of 2026 circumstances, FIR was initially registered against the driver of the offending vehicle bearing registration No.KA-11-C-2009. Accused Nos.1 and 2 were arrested in the present case based on the subsequent statement of CWs.1 and CW2, which was recorded after a period of nearly 7 days from the alleged date of incident. 9. It is not in dispute that petitioner has no other criminal antecedents. He is in custody in the present case for the last more than 3½ years. The earlier bail application of the petitioner in Criminal Petition No.11758 of 2023 was dismissed on 05.02.2024. As on the said date, the case before the Trial Court was at the stage of framing charge. It is brought to the notice of the Court that even as on this date, not even a single witness has been examined before the Trial Court. Accused No.2 has been granted regular bail by the co-ordinate bench of this Court in Criminal Petition No.12118 of 2023 by order dated 05.02.2024. The prosecution in the present case has cited 40 charge sheet witnesses and as stated earlier not even a single charge sheet witness has been examined till date. Therefore, - 7 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 of 2026 the chance of the trial being completed and the case being disposed of on merits at the earliest, is very remote. 10. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh Vs State of Maharashtra and Another1 at paragraph 19 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". 11. Under the circumstances, considering the nature of allegation against the petitioner, who is having no other criminal antecedents and also taking into consideration his period of incarceration, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. 1 (2024) SCC Online SC 1693 - 8 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 of 2026 12. Hence, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.368 of 2022 registered by Pandavapura Police Station, Mandya, registered for offences punishable under Sections 120-B, 302, 307 read with Section 34 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 for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the date 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; - 9 - HC-KAR NC: 2026:KHC:32057 CRL.P No. 3703 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE BGN List No.: 1 Sl No.: 54