- 1 - HC-KAR CNR: KAHC010445742026 NC: 2026:KHC:42332 CRL.P No. 9483 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9483 OF 2026 BETWEEN: MAHADEVA G.N S/O NANJAPPA @ APPAJAIAH AGED ABOUT 40 YEARS RESIDING AT GOVINDANAHALLI VILLAGE, KEMPINAKIOPPALU VILLAGE KIKERI HOBLI, K.R. PETE TALUK MANDYA PIN CODE NO. - 571 445. …PETITIONER (BY SRI RAJU C.N, ADV.) AND: STATE BY KIKERI POLICE MANDYA REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALORE - PIN CODE NO.- 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 ENLARGE THE PETITIONER ON BAIL IN S.C.NO.5065/2022 ON THE FILE OF THE III ADDL.DIST. AND SESSIONS JUDGE MANDYA (SITTING AT SRIRANGAPATTNA) ARISING OUT OF CR.NO.77/2022 OF KIKERI POLICE MANDYA FOR THE OFFENCE P/U/S 143,504,323,324,354b,302 R/W 149 OF IPC BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010445742026 NC: 2026:KHC:42332 CRL.P No. 9483 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in S.C.No.5065 of 2022 pending before the Court of III Additional District and Session Judge, Mandya (Sitting at Srirangapatna) arising out of Crime No.77 of 2022 registered by Kikkeri Police Station, Mandya District, for offences punishable under Sections 143, 144, 147, 148, 504, 323, 324, 354(B), 302, 114 & 506 R/w Section 149 of IPC is before this Court in this 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.77 of 2022 was registered by Kikkeri Police Station, Mandya District, against Raja and others, based on the first information dated 12.04.2022 received from Smt. Bhavya, wife of deceased Ningaraju. In the said case, petitioner was arrested on 14.04.2022 and remanded to judicial custody. After completing investigation, charge sheet is filed against 5 persons and petitioner is arrayed as accused no.2 in - 3 - HC-KAR CNR: KAHC010445742026 NC: 2026:KHC:42332 CRL.P No. 9483 of 2026 the charge sheet. His bail application filed before the Trial Court was rejected and thereafter, he had approached this Court in Criminal Petition No.151 of 2023 which was dismissed on 23.02.2023. Subsequently, he had filed a fresh petition before this Court in Criminal Petition No.6192 of 2024, which was dismissed on 11.07.2024 with liberty to the petitioner to file a fresh petition before the Trial Court, after examination of the material charge sheet witnesses. Subsequently, petitioner had filed a fresh bail application before the Trial Court in S.C.No.5065 of 2022, which was rejected on 08.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, except the present case, the only other criminal case registered against the petitioner is in C.C.No.145 of 2017 for offence punishable under Section 324 of IPC. In the present case, all the material charge sheet witnesses are examined. Out of the four alleged eyewitnesses, two have not supported the case of the prosecution. Accused nos.3 to 5 have been already enlarged on bail. Accordingly, he prays to allow the petition. - 4 - HC-KAR CNR: KAHC010445742026 NC: 2026:KHC:42332 CRL.P No. 9483 of 2026 5. Per contra, learned HCGP who has opposed the petition submits that accused no.1 and 2 are the assailants and CWs.1 to 4 are the eye witnesses to the incident in question. Some of the eye witnesses have supported the case of the prosecution. He submits that, the trial is in progress and accordingly, he prays to dismiss the petition. 6. Material on record would go to show that, there is a civil dispute between the parties with regard to partitioning of the family properties. Suit in O.S.No.470 of 2021 is pending consideration before the Civil Court. The deceased had earlier registered a criminal case against the petitioner and others which is pending consideration in C.C.No.145 of 2017 before the jurisdictional court of Magistrate. As per the charge sheet allegations, accused persons had ill will against the deceased, having regard to the civil dispute and also for the reason that he had registered a criminal case against accused persons in C.C.No.145 of 2017. It is in this background on 12.04.2022, accused no.1 and accused no.2 had assaulted deceased Ningaraju and his wife Smt.Bhavya-CW1 and in the said - 5 - HC-KAR CNR: KAHC010445742026 NC: 2026:KHC:42332 CRL.P No. 9483 of 2026 incident, Ningaraju who had sustained grievous injuries had died and Smt.Bhavya-CW1 had suffered simple injuries. 7. CWs.1 to 4 are the alleged eye witnesses to the incident in question. As on this date, out of 49 charge sheet witnesses cited in the present case, 5 charge sheet witnesses have been examined as PW1 to PW5. All the eye witnesses have been examined in the present case. Submission made by learned counsel for the petitioner that two of the alleged eye witnesses have not supported the case of the prosecution is not seriously disputed by learned HCGP. 8. Petitioner is in custody in the present case for the last more than 4 years. Out of the 49 charge sheet witnesses, only 5 charge sheet witnesses are examined as on this date and therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is very remote. Since the material charge sheet witnesses are already examined there cannot be any apprehension that the petitioner may tamper with said witnesses. Accused nos.3 to 5 as against whom there is an allegation of conspiracy has been granted - 6 - HC-KAR CNR: KAHC010445742026 NC: 2026:KHC:42332 CRL.P No. 9483 of 2026 regular bail in the present case. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail needs to be answered affirmatively, considering his period of incarceration and the fact that material charge sheet witnesses have been already examined. Accordingly, the following :- ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.5065 of 2022 pending before the Court of III Additional District and Session Judge, Mandya (Sitting at Srirangapatna) arising out of Crime No.77 of 2022 registered by Kikkeri Police Station, Mandya District, for offences punishable under Sections 143, 144, 147, 148, 504, 323, 324, 354(B), 302, 114 & 506 R/w Section 149 of IPC, subject to the following conditions:- a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One - 7 - HC-KAR CNR: KAHC010445742026 NC: 2026:KHC:42332 CRL.P No. 9483 of 2026 Lakh only) 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; 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 NMS List No.: 1 Sl No.: 34