- 1 - HC-KAR CNR: KAHC010372492026 NC: 2026:KHC:37997 CRL.P No. 7799 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7799 OF 2026 BETWEEN: SRI JOHNSON L @ APPU S/O LATE LAWRENCE, AGED ABOUT 29 YEARS, R/O LAKSHMAMMA HOUSE, ANMAAPPA LAYOUT GKVK POST, ALLALASANDRA, BENGALURU …PETITIONER (BY SRI. SANTOSH RAJ URS B Y, ADVOCATE) AND: STATE REP BY YELAHANKA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CR.NO.132/2020 NOW NUMBER AS SC.NO.923/2020, FOR THE OFFENCES P/U/S 302,498(A) OF IPC, PENDING BEFORE THE Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010372492026 NC: 2026:KHC:37997 CRL.P No. 7799 of 2026 HONBLE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-46). 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 SC No.923/2020 pending before the XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.132/2020 registered by Yelahanka Police Station, Bengaluru, for offences punishable under Sections 302 and 498A of the IPC, is before this Court in the 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.132/2020 was registered by Yelahanka Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 17.08.2020 received from Smt.Mubeenataj, mother of deceased Smt. Nandini. During the course of investigation of the said case, the petitioner was arrested on 18.08.2020 and - 3 - HC-KAR CNR: KAHC010372492026 NC: 2026:KHC:37997 CRL.P No. 7799 of 2026 remanded to Judicial custody. After completing the investigation, charge sheet was filed against him for the aforesaid offences. The bail application filed by the petitioner before the Sessions Court was rejected and therefore, he had approached this Court in Criminal Petition No.7994/2021, which was dismissed on 12.01.2022. Subsequently, the petitioner had approached this Court in Criminal Petition No.7358/2023, which was dismissed on 27.09.2023 with liberty to the petitioner to renew his bail application after examination of the eye- witnesses and recovery witnesses. The petitioner, has thereafter, filed a fresh bail application before the Sessions Court in SC No.923/2020, which was rejected on 07.03.2026. Therefore, he is before this Court. 4. The learned counsel for the petitioner submits that the petitioner, who has no other criminal antecedents is in custody for the last nearly 6 years. Out of the 32 charge sheet witnesses cited in the present case, as on this date, only 8 charge sheet witnesses are examined including the alleged eye- witnesses, who have turned hostile to the case of the prosecution. He accordingly, prays to allow the petition. - 4 - HC-KAR CNR: KAHC010372492026 NC: 2026:KHC:37997 CRL.P No. 7799 of 2026 5. Per contra, the learned Additional State Public Prosecutor, who has opposed the petition does not dispute the submission made by the petitioner. She submits that the mahazar witnesses are yet to be examined. Accordingly, prays to dismiss the petition. 6. Deceased Nandini was the wife of the petitioner herein and it appears that their marriage was a love marriage. From the said wedlock, they have a male child, who was aged about 3 years as on the date of the incident. It appears that the petitioner, who was in the habit of consuming alcohol, was quarreling with his wife on petty issues. On 16.08.2020, at about 10.00 p.m., the first informant was informed by the neighbourers of the petitioner that he had assaulted his wife Nandini and she was shifted to the hospital. Immediately thereafter, the first informant went to the hospital and found the dead body of her daughter in the mortuary of the hospital. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences. 7. During the course of investigation, the petitioner was arrested on 18.08.2020. As per the charge sheet allegations, - 5 - HC-KAR CNR: KAHC010372492026 NC: 2026:KHC:37997 CRL.P No. 7799 of 2026 on 16.08.2020 at about 09.00 p.m., when Nandini asked the petitioner to consume food, he allegedly asked her to bring money from her mother. Since Nandini refused to bring money, the petitioner who got enraged allegedly abused her and thereafter, assaulted her with a pair of scissors and committed her murder. The incident in question had taken place inside the house of the petitioner. CWs.9, 10 and other neighbours are said to be the alleged eye-witnesses to the incident in question. CW.9 and CW.10 are examined before the Sessions Court as PW.7 and PW.8. 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 Additional SPP. The material on record would go to show that CWs.1, 12, 13 and 16 have been dropped since their presence could not be secured before the Sessions Court in spite of proclamation orders issued against them. The petitioner is in custody in the present case for the last nearly 6 years. Out of the 32 charge sheet witnesses, only 8 witnesses have been examined as PW.1 to PW.8. It is not in dispute that the petitioner has no other criminal antecedents. - 6 - HC-KAR CNR: KAHC010372492026 NC: 2026:KHC:37997 CRL.P No. 7799 of 2026 8. Considering the aforesaid aspects of the matter, more so, the period of petitioner's incarceration, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.132/2020 registered by Yelahanka Police Station, Bengaluru, for offences punishable under Sections 302 and 498A of the IPC, is before this Court in the successive bail petition filed under Section 483 of BNSS, 2023, subject to the following conditions: a) The 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; - 7 - HC-KAR CNR: KAHC010372492026 NC: 2026:KHC:37997 CRL.P No. 7799 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 ND List No.: 1 Sl No.: 51