- 1 - HC-KAR CNR: KAHC010395602026 NC: 2026:KHC:36184 CRL.P No. 8321 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8321 OF 2026 BETWEEN: SRI VENKATESH S/O THAMMANNA AGED ABOUT 29 YEARS R/AT DEVALAPURA VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 560 067 PERMANENT RESIDENT OF GULLAHALLI VILLAGE, BUDHIKOTE HOBLI BANGARPET TALUK, KOLAR DISTRICT - 563 101. …PETITIONER (BY SRI ABHILASH KUMAR M.N, ADV., FOR SRI NANJUNDA GOWDA M.R, ADV.) AND: THE STATE OF KARNATAKA BY ANUGONDANAHALLI POLICE BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SC NO.79/2023 (CRIME NO.66/2022 OF ANUGONDANAHALLI POLICE ) FOR THE OFFENCES P/U/S 302, 304(B), 498(A) R/W 34 OF IPC AND SECTIONS 3 AND 4 OF DP ACT NOW WHICH IS PENDING ON THE FILE OF THE 8TH ADDL.DISTRICT AND SESSIONS JUDGE RURAL DISTRICT AT BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010395602026 NC: 2026:KHC:36184 CRL.P No. 8321 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 1. Accused No.1 in SC No.79/2023 pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.66/2022 registered by Anugondanahalli Police Station, Bengaluru Rural District for the offences punishable under Sections 498A, 304B, 302 and 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, 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.66/2022 was registered by Anugondanahalli Police Station, Bengaluru, for the aforesaid offences against the petitioner and others based on the first information dated 12.07.2022 received from Smt. Sarojamma, mother of deceased Munirathnamma. In the said case, petitioner was arrested on 15.07.2022 and remanded to judicial custody. After completing investigation, charge sheet has been - 3 - HC-KAR CNR: KAHC010395602026 NC: 2026:KHC:36184 CRL.P No. 8321 of 2026 filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before this Court in Crl.P.No.4943/2023 was dismissed as withdrawn with liberty to the petitioner to approach this Court afresh after examination of material charge sheet witnesses is completed before the Trial Court. Subsequently, petitioner had filed Crl.P.No.458/2025, which was also dismissed as withdrawn on 18.02.2025. Thereafter, petitioner had filed a fresh bail application before the Trial Court in SC No.79/2023, which was dismissed on 20.01.2026. It is under these circumstances, he is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that CW1 to CW8 are the material charge sheet witnesses in the present case, who are all close relatives of the deceased. All the said witnesses, who are now examined as PW1 to PW8, have turned hostile to the case of the prosecution and they have been cross-examined by the Public Prosecutor in vain. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. - 4 - HC-KAR CNR: KAHC010395602026 NC: 2026:KHC:36184 CRL.P No. 8321 of 2026 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. In the charge sheet, it is alleged that on 12.07.2022 at about 05.30 a.m., petitioner had fought with his wife Munirathnamma, for the reason that she did not allow him to touch her and thereafter, assaulted her with his hands and when she fell down, he allegedly kicked her on her stomach, chest and other parts of the body and as a result, she had breathed her last. CW1 to CW8 are the material charge sheet witnesses in the present case. All the said charge sheet witnesses have been now examined before the Trial Court as PW1 to PW8 and a copy of their deposition is also made available to this Court by the learned counsel for the petitioner. The submission made by learned counsel for the petitioner that PW1 to PW8 have turned hostile to the case of the prosecution and thereafter, they have been cross-examined by the Public Prosecutor in vain is not seriously disputed by learned HCGP. Petitioner has no other criminal antecedents. He is in custody in the present case for the last four years. Since material charge - 5 - HC-KAR CNR: KAHC010395602026 NC: 2026:KHC:36184 CRL.P No. 8321 of 2026 sheet witnesses are already examined, there cannot be any apprehension that petitioner may tamper with said witnesses in the event, he is enlarged on bail. Under the circumstances, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.79/2023 pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.66/2022 registered by Anugondanahalli Police Station, Bengaluru Rural District for the offences punishable under Sections 498A, 304B, 302 and 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, 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; 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; - 6 - HC-KAR CNR: KAHC010395602026 NC: 2026:KHC:36184 CRL.P No. 8321 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. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 85