- 1 - HC-KAR NC: 2026:KHC:20210 CRL.P No. 2377 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2377 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI LOKESH S/O SRI MOHAN RAJ, AGED ABOUT 34 YEARS, R/A NO.94, NORTH TANK BLOCK, OORGAUM POST, K G F-563 118. …PETITIONER (BY SRI. NANJUNDA GOWDA M. R., ADVOCATE) AND: THE STATE OF KARNATAKA BY OORGAUM POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENT (BY SRI P. THEJESH, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC PRAYING TO ENLARGE him ON BAIL IN SC NO.118/2024 ARISING OUT OF CRIME NO.8/2024 OF OORGAUM POLICE STATION AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 114 R/W 34 IPC NOW PENDING ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR SITTING AT KGF. Digitally signed by SACHIN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20210 CRL.P No. 2377 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 No.1 in S.C.No.118/2024 pending before the court of the III Additional District and Sessions Judge at Kolar sitting at K.G.F., arising out of Crime No.8/2024 registered by Oorgaum Police Station, for offences punishable under Sections 302 and 114 read with Section 34 of Indian Penal Code (for short ‘IPC’) is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail 2. Heard the learned counsel for the parties. 3. FIR in Crime No.8/2024 was registered by the Oorgaum Police Station initially for the offences punishable under Sections 302 and 114 of IPC against the petitioner and another based on the first information dated 14.02.2024 received from Geeta mother of deceased – Pavitra. During the course of investigation, petitioner - 3 - HC-KAR NC: 2026:KHC:20210 CRL.P No. 2377 of 2026 herein was arrested on 17.02.2024 and after completing the investigation, charge sheet was filed for the aforesaid offences. The petitioner is arrayed as accused No.1 in the charge sheet. His bail application before the Trial Court was rejected and therefore he had approached this Court in Crl.P.No.12742/2024 which was dismissed on merits on 20.01.2025. Subsequently, the petitioner had filed fresh bail application in Crl.P.No.1623/2025 which was dismissed as not pressed on 06.06.2025 with liberty to the petitioner to file a fresh bail application after examination of the alleged eyewitness namely CW-2 is completed before the Trial Court. Thereafter, the petitioner has filed a fresh bail application before the Trial court in S.C.No.118/2024 which was rejected on 01.12.2025 and it is under these circumstances, he is before this Court in this second successive bail application. 4. Learned counsel for the petitioner submits that except a case which was registered for offence punishable under Section 498A of IPC on the complaint of the - 4 - HC-KAR NC: 2026:KHC:20210 CRL.P No. 2377 of 2026 deceased, there is no other case registered against the petitioner, other than the present case. He submits that in the present case the sole eyewitness CW-2 who is examined as PW-3 has turned hostile to the case of the prosecution. Out of the 48 charge sheet witnesses cited in the present case, till date only 20 charge sheet witnesses have been examined. Petitioner is in custody for the last more than two years. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. He however submits that the deceased had suffered 16 injuries in the instant case and petitioner had a strong motive to commit the murder of deceased who was his wife. Accordingly, he prays to dismiss the petition. 6. As per the charge sheet allegation, marriage of the petitioner with the deceased–Pavitra was performed on 09.04.2017 and from the said wedlock, they have two - 5 - HC-KAR NC: 2026:KHC:20210 CRL.P No. 2377 of 2026 children. Accused No.2 is the sister of accused No.1. According to the prosecution, at the instance of accused No.2, the petitioner was ill-treating the deceased in her matrimonial home and was asking her to bring dowry from her house. It is under these circumstances, the deceased had left the company of the petitioner and she had taken shelter in her parent’s house along with her daughter – Angel. Subsequently, she also had registered a criminal case against the petitioner and his sister in Crime No.34/2023 for the offences punishable under Sections 498A, 323, 504, 506, 114 read with Section 34 of IPC and also Sections 3 and 4 of the Dowry Prohibition Act. After the said case was registered, accused Nos.1 and 2 were allegedly pressurising Pavitra to withdraw the case and since she had not obliged, on 14.02.2024, when she was on her way to petitioner’s house to see her son, who was staying with him, the petitioner/accused No.1 intercepted deceased on her way and after quarrelling with her assaulted her with deadly weapons and committed her - 6 - HC-KAR NC: 2026:KHC:20210 CRL.P No. 2377 of 2026 murder. CW-2 who is the friend of deceased was allegedly along with the deceased, when petitioner assaulted her and she is therefore cited as an eyewitness in the present case. 7. CW-2 has been now examined before the Trial Court as PW.3 and the copy of the deposition of all the witnesses who are examined before the Trial Court is made available to this Court. According to the petitioner’s counsel, CWs-2 and 3 have completely turned hostile to the case of the prosecution. Out of the 48 charge sheet witnesses cited in the present case, till date only 20 charge sheet witnesses have been examined before the Trial Court. Since all the material charge sheet witnesses are examined, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. Petitioner who has two children to be taken care of, is in custody for the last more than two years. Undisputedly, except the present case, the only other case registered against the petitioner is in Crime No.34/2023 - 7 - HC-KAR NC: 2026:KHC:20210 CRL.P No. 2377 of 2026 for the offences punishable under Sections 498A, 323, 504, 506, 114, 34 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. Considering the aforesaid aspects of the matter and also having regard to the period of petitioner’s incarceration, I am of the opinion that the prayer made by the petitioner for grant of regular bail in this successive bail petition needs to be answered affirmatively. Accordingly, the following order: ORDER i) The Criminal Petition is allowed. ii) The petitioner/accused No.1 is directed to be enlarged on bail in Crime No.8/2024 of Oorgaum Police Station, KGF registered for the offences punishable under Sections 302 and 114 read with Section 34 of IPC pending in S.C.No.118/2024 on the file of the III Additional District and Sessions Judge, Kolar sitting at K.G.F., subject to the following conditions: - 8 - HC-KAR NC: 2026:KHC:20210 CRL.P No. 2377 of 2026 a) The 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 SN List No.: 19 Sl No.: 5