- 1 - HC-KAR CNR: KAHC010397732026 NC: 2026:KHC:37710 CRL.P No. 8338 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8338 OF 2026 BETWEEN: VENKATESH S/O THIMMAIAH, AGED ABOUT 48 YEARS, R/AT NO. 76, GROUND FLOOR, 3RD MAIN, RANGANATHAPURA, KAMAKSHIPALYA, BANAGLORE - 560 079. …PETITIONER (BY SRI. KRISHNE GOWDA M, ADVOCATE) AND: STATE OF KARNATAKA STATE BY KAMAKSHIPALYA P.S. RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.158/2024 OF KAMAKSHIPALYA NOW PENDING ON THE FILE OF THE 71ST ADDL, CITY CIVIL AND SESSIONS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010397732026 NC: 2026:KHC:37710 CRL.P No. 8338 of 2026 JUDGE, BANGALORE (CCH-72) IN SC NO.160/2025 FOR THE OFFENCES P/U/S 302 AND 498A OF IPC. 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.160/2025 pending before the Court of 71st Additional City Civil and Sessions Judge, Bengaluru (CCH-72), arising out of Crime No.158/2024 registered by Kamakshipalya Police Station, Bengaluru City for the offences punishable under Section 302 and 498-A of 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.158/2024 was registered by Kamakshipalya Police Station, Bengaluru City for the aforesaid offences against the petitioner herein, based on - 3 - HC-KAR CNR: KAHC010397732026 NC: 2026:KHC:37710 CRL.P No. 8338 of 2026 the first information dated 07.04.2024 received from Ningaiah, father of deceased Nethravathi. In the said case, the petitioner was arrested on 07.04.2024 and remanded to judicial custody. His bail application filed before the Sessions Court was rejected. Therefore, he had earlier approached this Court in criminal petition No.8821/2024, which was dismissed as withdrawn with liberty to approach this Court afresh after examination of CW.4 was completed before the trial Court. Subsequently, the petitioner had filed fresh bail application before this Court in criminal petition No.15804/2025, which was disposed of on 21.04.2026 with a direction to the respondent-State to ensure that the examination of CW.4 is completed within three weeks from the next date of hearing. Subsequently, CW.4 was examined and thereafter, the petitioner is before this Court in this successive bail petition. 4. Learned counsel for the petitioner submits that as on this date, three witnesses have been examined as PW.1 to PW.3. CW.4 who is the alleged eyewitness has - 4 - HC-KAR CNR: KAHC010397732026 NC: 2026:KHC:37710 CRL.P No. 8338 of 2026 been examined as PW.3 and she has turned hostile to the case of the prosecution. Petitioner, who has no other criminal antecedents, is in custody for the last more than 2 years. Accordingly, she prays to allow the petition. 5. Per contra, learned HCGP who opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner. 6. FIR in the present case was registered against the petitioner herein based on the first information received from his father-in-law/Ningaiah. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 07.04.2024. 7. In the charge sheet, it is alleged that marriage of the petitioner with deceased was performed on 16.05.2014 and for a period of nearly two years from the date of marriage, the couple lived happily. It appears that subsequently, the couple started quarreling with each other for the reason that petitioner was consuming alcohol - 5 - HC-KAR CNR: KAHC010397732026 NC: 2026:KHC:37710 CRL.P No. 8338 of 2026 regularly. CW.3 is the son born to the couple from their wedlock. 8. On 06.04.2024, the petitioner allegedly after consuming alcohol had quarreled with his wife and had assaulted her. Subsequently, at about 10.30 p.m., it is alleged that the petitioner had strangulated the neck of the deceased with the help of her saree and committed her murder. CW.4 is the alleged eyewitness in the present case and she is now examined as PW.3. Submission made by the learned counsel for the petitioner that PW.3 has not supported the case of the prosecution and she is treated as a hostile witness and cross examined by the Public Prosecutor is not disputed by the learned HCGP. Petitioner, who has no other criminal antecedents, is in custody for the last more than two years. Out of the 23 charge sheet witnesses cited in the present case as on this date, only 3 charge sheet witnesses have been examined. Therefore, the chances of the trial being completed and the case being disposed of in the near future is very remote. - 6 - HC-KAR CNR: KAHC010397732026 NC: 2026:KHC:37710 CRL.P No. 8338 of 2026 9. Under the circumstances, 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: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.160/2025 pending before the Court of 71st Additional City Civil and Sessions Judge, Bengaluru (CCH-72), arising out of Crime No.158/2024 registered by Kamakshipalya Police Station, Bengaluru City for the offences punishable under Section 302 and 498-A 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 - 7 - HC-KAR CNR: KAHC010397732026 NC: 2026:KHC:37710 CRL.P No. 8338 of 2026 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 List No.: 1 Sl No.: 42