- 1 - HC-KAR CNR: KAHC010446862026 NC: 2026:KHC:42705 CRL.P No. 9491 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9491 OF 2026 BETWEEN: ERAPPA @ RAJA @ VEERAPPA S/O BASAPPA @ SHIVAIAH AGED ABOUT 53 YEARS R/O GOVINDANAHALLI VILLAGE KIKKERI HOBLI, K.R.PETE TALUK MANDYA …PETITIONER (BY SRI.HARIPRASAD M.B, ADVOCATE) AND: STATE OF KARNATAKA BY KIKKERI POLICE STATION REP. BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/SEC.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT BAIL TO THE PETITIONER ACCUSED NO.1 IN CRIME NO.77/2022 OF Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010446862026 NC: 2026:KHC:42705 CRL.P No. 9491 of 2026 KIKKERI POLICE STATION, PENDING IN S.C.NO.5065/2022 ON THE FILE OF THE LEARNED III ADDL DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA) FOR THE OFFENCE P/U/SEC.143, 144, 147, 148, 504, 323, 324, 354(B), 302, 114, 506 R/W SEC.149 OF IPC AND ETC. 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.5065/2022 pending before the Court of III Additional District and Sessions Judge, Mandya (Sitting at Srirangapattana), arising out of Crime No.77/2022 registered by Kikkeri Police Station, Mandya District for the offences punishable under Sections 143, 144, 147, 148, 504, 323, 354(B), 302, 114 and 506 read with 149 of IPC 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.77/2022 was registered by the Kikkeri Police Station, Mandya against the petitioner and others - 3 - HC-KAR CNR: KAHC010446862026 NC: 2026:KHC:42705 CRL.P No. 9491 of 2026 for the aforesaid offences based on the first information dated 12.04.2022 received from Smt.Bhavya Y.B w/o Ningaraju. In the said case, the petitioner was arrested on 14.04.2022 and remanded to judicial custody. After completing investigation, charge sheet was filed against five accused persons, wherein the petitioner is arrayed as accused No.1. His bail application filed before the Trial Court was rejected. Therefore, he had earlier approached this Court in Crl.P.No.5885/2025, which was dismissed on 02.12.2025 with a direction to the prosecution to keep the material witnesses present before the Trial Court for the purpose of cross-examination of all the material witnesses. Subsequently, the petitioner filed a fresh bail application before the Trial Court in S.C.No.5065/2022, which was rejected on 08.06.2026. Hence, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner, who has no any other criminal antecedents, is in custody for more than five years. The allegation as against accused Nos.1 and 2 are similar in the charge sheet. Accused No.2 has been now granted regular bail by this Court in - 4 - HC-KAR CNR: KAHC010446862026 NC: 2026:KHC:42705 CRL.P No. 9491 of 2026 Crl.P.No.9483/2026 by order dated 07.08.2026. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the bail petition, however, does not dispute the submission made by the learned counsel for the petitioner. 6. Accused No.2 had filed a successive bail petition before this Court in Crl.P.No.9483/2026, which was allowed by this Court on 07.08.2026. In paragraph Nos.6 to 8 of the order passed in Crl.P.No.9483/2026, it is observed as follows; "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 incident, Ningaraju who had sustained grievous injuries had died and Smt.Bhavya-CW1 had suffered simple injuries. - 5 - HC-KAR CNR: KAHC010446862026 NC: 2026:KHC:42705 CRL.P No. 9491 of 2026 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 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." 7. The allegation as against the petitioner and accused No.2 is similar in the charge sheet. It is not in dispute that the petitioner has no other criminal antecedents. Accused Nos.1 and 2 were arrested on the same day. Under these - 6 - HC-KAR CNR: KAHC010446862026 NC: 2026:KHC:42705 CRL.P No. 9491 of 2026 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 (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.5065/2022 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 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR CNR: KAHC010446862026 NC: 2026:KHC:42705 CRL.P No. 9491 of 2026 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 NBM List No.: 1 Sl No.: 67