- 1 - HC-KAR CNR: KAHC010494012026 NC: 2026:KHC:44606 CRL.P No. 10755 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10755 OF 2026 BETWEEN: SRI. SIDDAPPA @ A.V. SIDDAPPA S/O LATE VENKATAPPA, AGED ABOUT 52 YEARS, RESIDING AT ALUPANAHALLI VILLAGE, HOLAVANAHALLI HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT. …PETITIONER (BY SRI. RAGHAVENDRA A.S, ADVOCATE) AND: STATE OF KARNATAKA BY KOLALA POLICE STATION, TUMAKURU DISTRICT. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C. NO. 5052/2024 (ARISING OUT OF CRIME NO. 76/2024 OF KOLALA POLICE STATION, TUMAKURU DISTRICT), Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010494012026 NC: 2026:KHC:44606 CRL.P No. 10755 of 2026 PENDING ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU (SITTING AT MADHUGIRI) IN S C NO.5052/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1) AND 351 OF THE BHARATIYA NYAYA SANHITA, 2023. 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 SC No.5052/2024 pending before the Court of IV Additional district and Sessions Judge, Tumakuru sitting at Madhugiri arising out of Crime No.76/2024 registered by the Kolala Police Station, Tumakuru District, for the offences punishable under Sections 103(1) and 351 of the BNS, 2023, is before this Court in this successive bail application under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.76/2024 was registered by the Kolala Police Station, Tumakuru District, for the aforesaid offences against the petitioner based on the first information dated 13.08.2024 received from Varalakshmamma, daughter of the - 3 - HC-KAR CNR: KAHC010494012026 NC: 2026:KHC:44606 CRL.P No. 10755 of 2026 deceased Venkatappa. In the said case, the petitioner was arrested on 17.08.2024 and remanded to judicial custody. After completion of the investigation, charge sheet was filed for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.453/2025, which was dismissed by the Co-ordinate Bench of this Court on 07.02.2025 with liberty to the petitioner to file a fresh bail application before the Sessions Court after examination of the alleged eye-witnesses CWs.1 to 4 is completed. Thereafter, the petitioner had filed Crl.Misc.No.5211/2026, which was rejected on 25.06.2026. It is under these circumstances, he is before this Court. 4. Learned counsel for the petitioner submits that CWs.1 to 3 are the alleged eye-witnesses in the present case. They are now examined as PWs.1 to 3. They have turned hostile to the case of the prosecution. CW.4 is not the eye-witness to the incident in question. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. - 4 - HC-KAR CNR: KAHC010494012026 NC: 2026:KHC:44606 CRL.P No. 10755 of 2026 5. Learned HCGP for the respondent, who has opposed the bail petition, however, does not dispute the submission made by the learned counsel for the petitioner. 6. The first informant in the present case is daughter of the deceased Venkatappa, who was aged 80 years and sister of the petitioner. In the charge sheet, it is alleged that since the petitioner was not taking care of his family members, Venkatappa had executed a Gift Deed in respect of the property bearing Sy.No.3/1 measuring 2 acres 27 guntas in favour of the first informant excluding the other members of the family including his wife and son. Therefore, the petitioner had a vengeance against his father. 7. The deceased Venkatappa was constructing a house in his village and the petitioner apprehended that even the said house would be given to CW.1 and therefore, he had quarreled with his father. On 13.08.2024, at about 1.00 pm., the petitioner, who came in a two wheeler confronted his father in front of the house of Rajanna, at CC Road within the jurisdiction of Kolala Police Station and after abusing, assaulted him with a Machete on his head and committed his murder. CWs.2 to 4 are the - 5 - HC-KAR CNR: KAHC010494012026 NC: 2026:KHC:44606 CRL.P No. 10755 of 2026 alleged eye witnesses to the incident in question. CW.2 - Lakshmamma and CW.3 - Ananthalakshmi allegedly had come to the spot at the time of the incident and CW.4 allegedly had come to the spot after the incident had taken place. 8. CWs.1 to 3 are now examined before the Sessions Court as PWs.1 to 3 and they have been treated as hostile witnesses and cross-examined by the public prosecutor. The submission made by the learned counsel for the petitioner is that even during the course of cross-examination of the hostile witnesses, no incriminating material is brought on record, is not seriously disputed by the learned HCGP. Considering the statement of CW.4 recorded by the police under Section 161 of the Cr.PC, it appears he had come to the spot immediately after the incident in question. The petitioner aged 52 years has no other criminal antecedents. He is in custody for the last two years. Out of the 39 charge sheet witnesses in the present case, only 3 charge sheet witnesses have been examined as PWs.1 to 3. Therefore, chances of the trial being completed and the case being disposed of on merits in the near future is very remote. - 6 - HC-KAR CNR: KAHC010494012026 NC: 2026:KHC:44606 CRL.P No. 10755 of 2026 9. Under the circumstances, I am of the view that without expressing any opinion on the merits or demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. 10. Accordingly, the following: ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail SC No.5052/2024 pending before the Court of IV Additional district and Sessions Judge, Tumakuru sitting at Madhugiri arising out of Crime No.76/2024 registered by the Kolala Police Station, Tumakuru District, for the offences punishable under Sections 103(1) and 351 of the BNS, 2023, 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 - 7 - HC-KAR CNR: KAHC010494012026 NC: 2026:KHC:44606 CRL.P No. 10755 of 2026 Trial Court exempts their 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 of. SD/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 80