- 1 - HC-KAR CNR: KAHC010481932026 NC: 2026:KHC:43806 CRL.P No. 10457 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10457 OF 2026 BETWEEN: AJAY S/O GOVINDHARAJU AGED ABOUT 26 YEARS R/A CHIRAITHI DALAVAI KODIHALLI VILLAGE HALAGURUHOBLI, MALLAVALI TALUK MANDYA DISTRICT PINCODE-571427 …PETITIONER (BY SRI. PARTHA SARATHY M, ADVOCATE) AND: STATE OF KARNATAKA BY CHANNAPATNA RURAL POLICE R/P BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE -560001 …RESPONDENT (BY SMT RASHMI JADHAV, ADDL. SPP) 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.21/2023 ON THE FILE OF THE THIRD ADDL.DIST. AND SESSIONS COURT RAMANAGARA FOR THE OFFENCE P/U/S 302,201 OF IPC BY CHANNAPATNA RURAL POLICE IN CR.NO.205/2022 IN THE ABOVE CASE. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010481932026 NC: 2026:KHC:43806 CRL.P No. 10457 of 2026 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 in Special Case No.21/2023 pending before the Court of III Additional District and Sessions Judge, Ramanagara, arising out of Crime No.205/2022 registered by Channapatna Police Station, Ramanagara, for the offences punishable under Sections 302 and 201 of IPC, 1860, is before this Court in this petition filed under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.205/2022 was registered by Channapatna Police Station, Ramanagara District, for the offences punishable under Sections 302 and 448 of IPC against unknown persons based on the first information dated 15.07.2022 received from Smt Jyothi, sister of deceased Smt Geetha. During the course of investigation of the said case, the petitioner was arrested on 10.08.2022 and remanded to judicial custody. After completion of investigation, charge sheet was - 3 - HC-KAR CNR: KAHC010481932026 NC: 2026:KHC:43806 CRL.P No. 10457 of 2026 filed against him for the aforesaid offences. His bail application filed before the Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.Nos.3767/2024, 5138/2025 and Crl.P.No.9244/2025. The last petition filed by the petitioner in Crl.P.No.9244/2025 was dismissed by the coordinate Bench of this Court as withdrawn by order dated 09.04.2026 granting liberty to the petitioner to renew his bail application after examination of material charge sheet witnesses, namely CWs.1 to 8 is completed. It is under these circumstances, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that all the material charge sheet witnesses are now examined. Except the present case, the petitioner has no other criminal antecedents. He is in custody for the last more than four years. Accordingly, prays to allow the petition. 5. Per contra, learned Additional SPP who has opposed the petition submits that the material charge sheet witnesses have supported the case of the prosecution and accordingly, she prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010481932026 NC: 2026:KHC:43806 CRL.P No. 10457 of 2026 6. FIR in the present case was registered against unknown persons for offences punishable under Sections 302 and 448 of IPC, after the dead body of deceased Smt Geetha was found inside her house. During the course of investigation, the petitioner was arrested on 10.08.2022. As per the charge sheet allegations, deceased Geetha had illicit relationship with the petitioner and he was pestering her to abandon her husband and live with him. Since Geetha had not agreed for the same, on 15.07.2022 at about 3.00 pm., the petitioner who came in a motor bike bearing No.KA-11-EL-9603 entered her house and thereafter, committed her murder. 7. Entire case of the prosecution is based on circumstantial evidence. CWs.1 to 8 are the material charge sheet witnesses in the present case. Before the Trial Court as on this date, 7 charge sheet witnesses are examined as PWs.1 to 7. CW.3 has been dropped as a witness before the trial Court. All the other material charge sheet witnesses are now examined as PWs.1 to 7. 8. It is not in dispute that the petitioner has no other criminal antecedents. The prosecution in all has cited 63 - 5 - HC-KAR CNR: KAHC010481932026 NC: 2026:KHC:43806 CRL.P No. 10457 of 2026 charge sheet witnesses in the present case and as on this date only 7 charge sheet witnesses are examined as PWs.1 to 7. Since the material charge sheet witnesses are already examined, there cannot be any apprehension of the petitioner tampering with the said witnesses. Considering the fact that out of 63 charge sheet witnesses only 7 witnesses have been examined as on this date, the chances of trial being completed and case being disposed of in the near future is very remote. 9. The Hon'ble Supreme Court in the case of Javed Gulamnabi Shaikh vs. State of Maharashtra & Anr., reported in (2024) SCC Online SC 1693 in paragraph 17 has observed as follows: "17. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 10. Considering the aforesaid aspects of the matter, more so, the period of incarceration of the petitioner, who has no other - 6 - HC-KAR CNR: KAHC010481932026 NC: 2026:KHC:43806 CRL.P No. 10457 of 2026 criminal antecedents, 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 The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.205/2022 registered by Channapatna Police Station, Ramanagara, for the offences punishable under Sections 302 and 201 of IPC, 1860, subject to the following conditions: a) The petitioner shall execute a 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 unless the Trial Court exempts their appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR CNR: KAHC010481932026 NC: 2026:KHC:43806 CRL.P No. 10457 of 2026 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 62