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2026 DAILYLAW 31768 (KAR)

SRI RAMKRISHNA v. STATE OF KARNATAKA

CRL.P/8345/2026 · 2026-07-28

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010397742026 NC: 2026:KHC:39153 CRL.P No. 8345 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8345 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI RAMKRISHNA S/O PERUMAL, AGED ABOUT 30 YEARS, RESIDING AT NO.356 3RD CROSS, NEAR MARIYAMMA TEMPLE, PRIYANKANAGARA, SEEGEHALLI, K.R. PURA, BENGALORE - 560 036. …PETITIONER (BY SRI. KRISHNE GOWDA M., ADVOCATE) AND: STATE OF KARNATAKA STATE BY K.R.PURAM P.S. REP. 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 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010397742026 NC: 2026:KHC:39153 CRL.P No. 8345 of 2026 PETITIONER IN CR.NO.242/2022 BY K.R.PURAM POLICE FOR THE OFFENCE P/U/S 302 OF IPC PENDING ON THE FILE OF S.C.NO.1658/2022 BEFORE THE HONBLE XXVI ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CCH-58. 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.1658/2022 pending before the Court of XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.242/2022 registered by K.R.Puram Police Station, Bengaluru City for the offence punishable under Section 302 IPC, 1860 is before this Court in the 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.242/2022 was registered by K.R.Puram Police Station, Bengaluru City for the aforesaid - 3 - HC-KAR CNR: KAHC010397742026 NC: 2026:KHC:39153 CRL.P No. 8345 of 2026 offence against the petitioner herein, based on the first information dated 02.07.2022 received from Perumal, father of the deceased. In the said case, the petitioner was arrested on 02.07.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offence and his bail application filed before the jurisdictional Sessions Court was rejected. Thereafter, he had approached this Court in Criminal Petition No.9790/2024, which was dismissed as withdrawn on 30.09.2024, with liberty to file a fresh petition before the Trial Court after examination of CW.2 to 4 is completed. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that petitioner who has no other criminal antecedents is in custody for the last four years. Material charge sheet witnesses have now turned hostile to the case of the prosecution. Accordingly, prays to allow the petition. - 4 - HC-KAR CNR: KAHC010397742026 NC: 2026:KHC:39153 CRL.P No. 8345 of 2026 5. Per contra, learned High Court Government Pleader who has opposed the petition, however does not dispute the submission made by learned counsel for the petitioner. 6. The first informant in the present case is the father of the petitioner. It appears that the petitioner was a vagabond and his brother Balu was taking care of their family. Therefore, the parents of the petitioner were regularly abusing the petitioner and as a result, the petitioner had developed animosity against his brother- Balu. On 02.07.2022 at about 01.00 p.m. he had fought with his brother-Balu inside their house and allegedly assaulted him with a knife, as a result of which Balu had died. CW.2 to CW.4 are the eye witnesses to the alleged incident and CW.1, who is the father of the petitioner and deceased Balu, is the first informant. CW.1 to CW.4 are now examined before the Trial Court as PW.1 to PW.4. Submission made by learned counsel for the petitioner that PW.1 to PW.4 have not supported the case of the - 5 - HC-KAR CNR: KAHC010397742026 NC: 2026:KHC:39153 CRL.P No. 8345 of 2026 prosecution and they are treated as hostile witnesses, is not seriously disputed by learned High Court Government Pleader. 7. Considering the aforesaid aspects of the matter and also taking into consideration the period of the petitioner's incarceration, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. 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.1658/2022 pending before the Court of XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, arising out of Crime No.242/2022 registered by K.R.Puram Police Station, Bengaluru City for the offence punishable under Section 302 IPC, 1860, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two - 6 - HC-KAR CNR: KAHC010397742026 NC: 2026:KHC:39153 CRL.P No. 8345 of 2026 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 AMM List No.: 1 Sl No.: 73