- 1 - HC-KAR NC: 2026:KHC:34562 CRL.P No. 7599 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7599 OF 2026 BETWEEN: SANTHOSH DHAMI S/O RAJENDRADHAMI AGED ABOUT 26 YEARS R/AT NO.251, RAMLEELA APARTMENT 1ST CROSS 12TH MAIN, NRI LAYOUT PHASE-2, RAMAMURTHYNAGAR BENGALURU - 560 016. …PETITIONER (BY SRI G. RAKESH RAJ, ADV., FOR SRI MANJUNATHAGOWDA K.S, ADV.) AND: STATE OF KARNATAKA BY SHO RAMAMURTHY NAGAR P.S. BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ORDERED TO BE RELEASED ON BAIL IN THE S.C.NO.400/2023 OF CRIME NO.510/2022 REGISTERED BY RESPONDENT RAMAMURTHY NAGAR POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC PENDING BEFORE THE HONBLE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-46) MAY BE ALLOWED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34562 CRL.P No. 7599 of 2026 ORAL ORDER 1. Accused in S.C.No.400/2023 pending before the Court of XLV Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.510/2022 registered by Ramamurthy Nagar Police Station, Bengaluru City, for the offence punishable under Section 302 IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.510/2022 was registered by Ramamurthy Nagar Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 30.11.2022 received from Nirmala who was working with deceased Krishnakumari Ammai. In the said case, petitioner was arrested on 30.11.2022 and remanded to judicial custody. His bail application filed before the Trial Court was rejected, and thereafter, he had approached this Court in Crl.P.No.10615/2025 which was dismissed on 31.10.2025 with an observation that if the trial is not concluded within next four months, petitioner is at liberty to move for bail. Subsequently, - 3 - HC-KAR NC: 2026:KHC:34562 CRL.P No. 7599 of 2026 the petitioner had filed a fresh bail application before the Trial Court and since the same was rejected, he had once again approached this Court in Crl.P.No.17587/2025 which was dismissed on 13.03.2026 with liberty to the petitioner to file a fresh petition before the Sessions Court on the ground of delay in trial. Subsequently, petitioner had filed a fresh bail application before the Trial Court in Crl. Misc. No.3006/2026, which was dismissed on 27.04.2026. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that CW-1 & 3 have turned hostile to the case of the prosecution. Though charges were framed on 28.08.2024, till date only five charge- sheet witnesses have been examined. CW-2 who is the alleged material charge-sheet witness has not appeared before the Trial Court inspite of coercive steps being taken against her. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, submits that the petitioner has committed a heinous offence. CW-2 hails from Darjeeling in West Bengal State, and - 4 - HC-KAR NC: 2026:KHC:34562 CRL.P No. 7599 of 2026 therefore, her presence could not be secured. Petitioner hails from Nepal and in the event he is enlarged on bail, he is likely to flee away from justice. Accordingly, he prays to dismiss the petition. 6. It is the case of the prosecution that deceased Krishnakumari Ammai who was working as Therapist in Heaven Unisex Spa situated at Hormavu, was living with the petitioner in the room situated on the fourth floor of a building in T.C.Palya within the jurisdiction of Ramamurthy Nagar Police Station. In the alleged incident that had taken place on 29.11.2022, petitioner allegedly had picked up quarrel with the deceased suspecting her character and after assaulting her with an iron road, strangulated her neck. 7. According to the prosecution, CW-1 to CW-3 are the material charge-sheet witnesses in the present case. CW-1 & CW-3 have been already examined in the present case and the submission made by the learned Counsel for the petitioner that the said witnesses have turned hostile to the case of the prosecution, is not seriously disputed by the learned HCGP. Out of 26 charge-sheet witnesses cited in the present case, only - 5 - HC-KAR NC: 2026:KHC:34562 CRL.P No. 7599 of 2026 five charge-sheet witnesses are examined as PW-1 to PW-5, though charges were framed in the present case on 28.08.2024. It is brought to the notice of this Court that the Trial Court has taken coercive steps against CW-2 and even proclamation orders have been issued against her. Inspite of the same, the prosecution has failed to secure the presence of CW-2 before the Trial Court. Petitioner, who has no other criminal antecedents, is in custody in the present case for the past more than three 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". - 6 - HC-KAR NC: 2026:KHC:34562 CRL.P No. 7599 of 2026 9. Considering the aforesaid aspects of the matter and also the fact that the petitioner is in custody for the last more than 3 years 7 months, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively, subject to appropriate conditions which can take care of the apprehension expressed by the learned HCGP. Accordingly, the following order: 10. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.400/2023 pending before the Court of XLV Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.510/2022 registered by Ramamurthy Nagar Police Station, Bengaluru City, for the offence punishable under Section 302 IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which one shall 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; - 7 - HC-KAR NC: 2026:KHC:34562 CRL.P No. 7599 of 2026 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; f) The petitioner is directed to appear before the Station House Officer, Ramamurthy Nagar Police Station, Bengaluru, on every first and third Sundays of the month between 10.00 a.m. and 01.00 p.m. and mark his attendance, till disposal of the case registered against him before the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KK