- 1 - HC-KAR NC: 2026:KHC:32238 CRL.P No. 3628 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3628 OF 2026 BETWEEN: KUMARA S/O B.HONNAPPA, AGED ABOUT 40 YEARS, R/AT HOUSE NO. 57, 7TH MAIN ROAD, SUBHASHNAGAR, KENGERI UPANAGAR, BANGALORE - 560 060 …PETITIONER (BY SRI. KRISHNE GOWDA M, ADVOCATE) AND: STATE OF KARNATAKA STATE BY KENGERI P.S. RPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.197/2023 OF KENGERI POLICE NOW IN SC NO.1439/2023 AND PENDING BEFORE 64TH ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-65) FOR THE OFFENCES P/U/S 302 OF IPC. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32238 CRL.P No. 3628 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.1439/2023 now pending before the Court of LXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-65) arising out of Crime No.197/2023 registered by Kengeri Police Station, Bengaluru City for the offences punishable under Section 302 of IPC, is before this Court in successive bail petition filed under Section 483 of BNSS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.197/2023 was registered by Kengeri Police Station, Bengaluru City for the offences punishable under Section 302 read with Section 34 of IPC against the petitioner and others, based on the first information dated 01.06.2023 received from Smt.Neelavathi, mother of deceased Naveen Kumar. In the said case, the petitioner was arrested on 02.06.2023 and remanded to judicial custody. After - 3 - HC-KAR NC: 2026:KHC:32238 CRL.P No. 3628 of 2026 completing investigation, charge sheet was filed against him for the aforesaid offence. His bail application filed before the trial Court was rejected and therefore he had earlier approached this Court in Crl.P.No.4448/2024, which was dismissed as withdrawn on 22.06.2024 with liberty to file a similar petition before the trial Court after examining the material witnesses. Subsequently, the petitioner had filed fresh bail application in Crl.Misc.No.1189/2026 before the Trial Court, which was rejected on 21.02.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents. He is in custody for the last more than 3 years. As on this date 12 charge sheet witnesses have been examined as PW.1 to PW.12. Though, coercive steps were taken as against CW.13 to CW.15, their presence could not be secured before the trial Court. Therefore, CW.13 and CW.14 are now dropped by the trial Court. He further submits that the majority of the prosecution witnesses examined have turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:32238 CRL.P No. 3628 of 2026 5. Per contra, the learned HCGP has opposed the petition. He submits that CW.13 to CW.15 are the eyewitnesses to the incident in question and they are yet to be examined. Accordingly, prays to dismiss the petition. 6. In the charge sheet which is filed against the petitioner, it is alleged that the petitioner had some ill will as against Naveen Kumar, who is the son of the first informant and with the intention to commit his murder, on 01.06.2023 he had gone to a bar and restaurant where Naveen Kumar was consuming alcohol with his friends, CW.13 to CW.15. In the said bar and restaurant after quarreling with Naveen Kumar, the petitioner had allegedly assaulted him with a knife, which he had brought with him and committed his murder in the presence of alleged eyewitnesses CW.13 to CW.15. According to the prosecution, CWs.1, 13, 14 and 15 are the material charge sheet witnesses in the present case. 7. It is not in dispute that the petitioner has no other criminal antecedents. He is in custody in the present case for more than 3 years. During the course of investigation, the prosecution has examined 12 charge sheet witnesses including - 5 - HC-KAR NC: 2026:KHC:32238 CRL.P No. 3628 of 2026 CW.1 as PW.1 to PW.12. The order sheet of the trial Court which is made available to this Court by the learned counsel for the petitioner would go to show that, for last more than one year, coercive steps are taken before the Trial Court to secure the presence of CW.13 to CW.15. The Trial Court had even issued proclamation orders against the aforesaid charge sheet witnesses, but their presence could not be secured. It is brought to the notice of this Court that the Trial Court has now dropped CW.13 and CW.14, since they did not appear before the Trial Court, in spite of proclamation orders being published against them. 8. The Hon'ble Supreme Court 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 - 6 - HC-KAR NC: 2026:KHC:32238 CRL.P No. 3628 of 2026 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. In the present case, the prosecution has altogether cited 36 charge sheet witnesses in the present case and out of the same till date only 12 charge sheet witnesses are examined. Under the circumstances, the chances of the trial being completed and the case being disposed of in the near future is very remote. Considering the aforesaid aspects of the matter and also the period of the petitioner's incarceration, I am of the view that, without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail needs to be allowed subject to appropriate conditions. Accordingly, the following: O R D E R (i) The criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1439/2023 now pending before the Court of LXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-65) arising out of Crime - 7 - HC-KAR NC: 2026:KHC:32238 CRL.P No. 3628 of 2026 No.197/2023 registered by Kengeri Police Station, Bengaluru City for the offence punishable under Section 302 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 AMM