- 1 - HC-KAR CNR: KAHC010444612026 NC: 2026:KHC:38978 CRL.A No. 1109 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 1109 OF 2026 (U/S 14(A) (2)) BETWEEN: 1. BASAVARAJU B N @ RAMESH S/O. NAGAPPA, AGED ABOUT 32 YEARS, R/AT 1010/H, 14TH CROSS, HEBBAL, MYSURU - 570 016, PERMANENT ADDRESS AT RAGIBOMMANAHALLI VILLAGE, MALAVALLI TALUK MANDYA DISTRICT 571 316 …APPELLANT (BY SRI. SYED AKBAR PASHA.,ADVOCATE) AND: 1. STATE BY V V PURAM POLICE R/P BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-56001. 2. MOHAN KUMAR S/O CHANDRASHEKHAR AGED ABOUT 36 YEARS, R/O NO 34, 3RD MAIN ROAD, 1ST BLOCK BANASHANKARI 3RD STAGE, BENGALURU-560050 …RESPONDENTS (BY SRI. K NAGESHWARAPPA, HCGP FOR R1, R2 - MOHAN KUMAR SD) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010444612026 NC: 2026:KHC:38978 CRL.A No. 1109 of 2026 THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE LD VI ADDITIONAL DISTRICT AND SPECIAL JUDGE MYSURU PASSED IN SPL. CNO. 524/2023 DATED 11.05.20262 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant/accused No.1 challenging the rejection of his bail application. 2. Heard the learned counsel for appellant/accused No.1 and learned High Court Government Pleader for respondent No.1/State. 3. Inspite of service of notice, respondent No.2 has remained absent and unrepresented. 4. The case of the prosecution is that, appellant- accused No.1 had intimacy with Sowmya and he had promised her that he will marry her and had physical contact with her. The appellant-accused No.1 came to - 3 - HC-KAR CNR: KAHC010444612026 NC: 2026:KHC:38978 CRL.A No. 1109 of 2026 know that Sowmya belongs to Scheduled Caste. Sowmya started insisting the appellant-accused No.1 to marry her and the family members of the appellant-accused No.1 insisted him to marry the daughter of his sister and therefore, in order to finish Sowmya, the appellant- accused No.1, on 15.04.2023 in between 11:30am and 12:30 Noon, assaulted the deceased with the spanner on her head and killed her. After the said incident, accused No.2 helped the appellant-accused No.1 by bolting, him, in a room and also bolting the house from outside and assisted him to escape from the clutches of law. Charge- sheet came to be filed against accused No.1 for the offences under Sections 302 and 201 of IPC and for the offence under Section 3(2)(v) of SC & ST Act and as against accused No.2 for the offence under Section 201 of IPC. 5. Learned counsel for appellant/accused No.1 would contend that the accused No.1 has been in judicial - 4 - HC-KAR CNR: KAHC010444612026 NC: 2026:KHC:38978 CRL.A No. 1109 of 2026 custody since 19.04.2023 and till date only eight witnesses are examined out of 72 witnesses and trial will take a long time for completion. He further submits that the material witnesses have already been examined and out of them some have not supported the case of prosecution. The appellant/accused No.1 is ready to abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the appeal and grant bail to the appellant/accused No.1. 6. Learned High Court Government Pleader for respondent No.1/State would contend that earlier this Court considering prima facie motive and charge sheet has dismissed the appeals filed by the appellant/accused No.1. There are no new grounds made out for considering the successive application. Apart from eight witnesses already examined, there are other witnesses to be examined. If the appellant/accused No.1 is granted bail, there is a - 5 - HC-KAR CNR: KAHC010444612026 NC: 2026:KHC:38978 CRL.A No. 1109 of 2026 threat to the other prosecution witnesses. With this, he prayed to dismiss the appeal. 7. Having heard the learned counsels, the Court has perused the impugned order and other materials placed on record. 8. This appeal is filed by the appellant/accused No. 1 challenging the rejection of successive bail application by the Trial Court. The appellant/accused No.1 earlier approached this Court challenging rejection of his bail applications by filing criminal appeals and both came to be dismissed. The accused No.1/appellant herein is in judicial custody since 19.04.2023. Till date three years three months have been elapsed. The prosecution till date has only examined eight witnesses out of 72 witnesses cited in the charge sheet. The witnesses now already examined are the material witnesses and out of them, some witnesses have not supported the case of the prosecution. The prosecution has to examine the remaining witnesses. - 6 - HC-KAR CNR: KAHC010444612026 NC: 2026:KHC:38978 CRL.A No. 1109 of 2026 To conclude the trial, it will take a long time. Considering the said aspect, the appellant/accused No.1 has made out a case for grant of bail with conditions. Without considering these aspects, the Trial Court has erred in rejecting his bail applications. In view of the above, the following: ORDER 1) The appeal is allowed. 2) The impugned order dated 11.05.2026 passed in Spl. Case No.524/2023 by the learned VI Additional District and Special Judge, Mysuru, is set aside. 3) The appellant/accused No.1 is granted bail in Crime No.15/2023 of V. V. Puram Police Station, Mysuru, subject to following conditions: i) The appellant/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Trial Court. ii) The appellant/accused No.1 shall not threaten or tamper the prosecution witnesses. - 7 - HC-KAR CNR: KAHC010444612026 NC: 2026:KHC:38978 CRL.A No. 1109 of 2026 iii) The appellant/accused No.1 shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 35