- 1 - HC-KAR CNR: KAHC010368062026 NC: 2026:KHC:39386 CRL.P No. 7771 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7771 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: HEMANTH KUMAR @ RAJAKALE @ MAHESH KADLA @ SANTHU S/O LATE PRAKASH AGED ABOUT 37 YEARS R/AT NO.120, 10TH CROSS SHANIMAHATHMA TEMPLE ROAD BHOVIPALYA, MAHALAKSHMI LAYOUT BENGALURU-560011. …PETITIONER (BY SRI. S RAJASHEKAR, ADVOCATE FOR SRI. KARTHIK KUMAR K., ADVOCATE) AND: STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU-560001. …RESPONDENT (BY SRI.RANGASWAMY R, HCGP.) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL, WHO IS ACCUSED NO.1 IN CRIME NO.319/2021 REGISTERED BY RESPONDENT SOLADEVANAHALLI POLICE STATION FOR THE OFFENCE PUNISHABLE, UNDER SECTION 302,436, 109, 120B,201,427,212,384, 342 R/W 34, NOW PENDING ON THE FILE OF IX ADDL DIST AND SESSIONS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010368062026 NC: 2026:KHC:39386 CRL.P No. 7771 of 2026 JUDGE, BENAGLURU RURAL DISTRICT, BENGALURU IN RESPECT OF PETITIONER. 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 S.C.No.300/2023 pending on the file of the IX Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.319/2021 registered by the Soladevanahalli Police Station, for offences punishable under Sections 302, 436, 109, 120B, 201, 427, 212, 384, 342 read with Section 34 of IPC, is before this Court in this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. - 3 - HC-KAR CNR: KAHC010368062026 NC: 2026:KHC:39386 CRL.P No. 7771 of 2026 3. FIR in Crime No.319/2021 was registered by Soladevanahalli Police Station, Bengaluru for the offences punishable under Sections 436, 307 and 34 of IPC against the unknown persons based on the first information dated 24.12.2021 received from one Manoj, son of Sri Mohana, who is the deceased in the present case. During the course of investigation of the case, the petitioner was arrested on 11.01.2022 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed in the present case against five persons and the petitioner is arraigned as accused No.1 in the charge sheet. The bail application of the petitioner filed before the Trial Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.9838/2022, which was dismissed by the Co-ordinate bench of this Court on 17.01.2023. Thereafter, the petitioner had filed a bail application before the Trial Court in S.C.No.300/2023, which was dismissed on 21.05.2026. Therefore, the petitioner is before this Court. - 4 - HC-KAR CNR: KAHC010368062026 NC: 2026:KHC:39386 CRL.P No. 7771 of 2026 4. Learned counsel for the petitioner, who submits that FIR in the present case was registered against unknown persons based on the statement of injured victim, who died subsequently. He submits that CW-2 and CW-3, who are the eyewitnesses to the incident in question, have been now examined as PW-1 and PW-2 and they have turned hostile to the case of the prosecution. As on this date, only two charge sheet witnesses are examined and accordingly, he prays to allow this petition. 5. Per contra, learned HCGP, who has opposed the petition submits that the petitioner is a person with criminal antecedents and yet another eyewitness is required to be examined in the present case. In the event, the petitioner is enlarged on bail, he may tamper with the material prosecution witnesses. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered for offences punishable under Sections 436, 307 read with 34 of IPC - 5 - HC-KAR CNR: KAHC010368062026 NC: 2026:KHC:39386 CRL.P No. 7771 of 2026 against unknown persons based on the first information received from Manoj, who is the deceased in the present case. Injured Manoj, who was admitted in the hospital had subsequently died and therefore, offence punishable under Section 302 of IPC was invoked in the present case. 7. During the course of investigation, the petitioner and other accused persons have been arrested. After completing investigation, charge sheet is now filed against five persons. Allegation against the petitioner is that he had conspired with the other accused persons and had gone near the Dhaba in which the deceased Manoj (CW-1) was working as a Manager. Accused persons allegedly poured petrol on the Dhaba and set it on fire and as a result, CW-1 had sustained grievous injuries and subsequently, he died on 24.12.2021. CW-2 to CW-4 are the alleged eyewitnesses to the incident in question. CW-2 is the direct brother of the deceased Manoj (CW-1). CW-2 - 6 - HC-KAR CNR: KAHC010368062026 NC: 2026:KHC:39386 CRL.P No. 7771 of 2026 has been examined as PW-1 and CW-3 has been examined as PW-2 before the Trial Court. 8. Learned counsel for the petitioner has produced the deposition of PW-1 and PW-2 has stated that said witnesses have turned hostile to the case of the prosecution. Learned HCGP has not seriously disputed the said submission. 9. The petitioner is in custody in the present case for the last more than 4 years 6 months. Out of 58 charge sheet witnesses cited in the present case, as on this date, only 2 charge sheet witnesses are being examined as PW- 1 and PW-2. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near future, is very remote. The apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions on the petitioner. - 7 - HC-KAR CNR: KAHC010368062026 NC: 2026:KHC:39386 CRL.P No. 7771 of 2026 10. 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 order: ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in in S.C.No.300/2023 pending on the file of the IX Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.319/2021 registered by the Soladevanahalli Police Station, Bengaluru City, for offences punishable under Sections 302, 436, 109, 120B, 201, 427, 212, 384, 342 read with Section 34 of IPC, subject to the following conditions: 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 - 8 - HC-KAR CNR: KAHC010368062026 NC: 2026:KHC:39386 CRL.P No. 7771 of 2026 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. f) The petitioner shall appear before the Station House Officer of Soladevanahalli Police Station on every first and third Sunday of the month between 10.00 a.m. and 01.00 p.m. and mark his attendance regularly till the case against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 51