- 1 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.10618 OF 2026(439(CR.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 11429 OF 2026 IN CRL.P NO. 10618/2026 BETWEEN: MANOJ. M. R. @ MANU S/O. RAJU AGED ABOUT 24 YEARS R/AT SUNNADAKERE, GANGA BEEDI MALLAVALLI TOWN MANDYA DISTRICT-571 430.. …PETITIONER (BY SMT. RAKSHA KEERTHANA, ADVOCATE FOR SRI. KEMPARAJU., ADVOCATE) AND: STATE OF KARNATAKA BY MALAVALLI TOWN POLICE STATION BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP.) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SC.NO.39/2022 ARISING OUT OF CR.NO.66/2021 REGISTERED BY THE RESPONDENT IN MALAVALLI TOWN P.S., FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 341,326(B),302,120(B) R/W 34 OF IPC, R/W 181(3) OF IMV ACT, PENDING BEFORE THE HON’BLE IV ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA. IN CRL.P NO. 11429/2026 BETWEEN: RAJU S/O @ LATE THIMMAIAHA AGED ABOUT 52 YEARS R/AT SUNNADAKERE GANGA BEEDI WARD NO. 22 MALLAVALLI TOWN MANDYA DISTRICT-571430 ...PETITIONER (BY SMT. RAKSHA KEERTHANA, ADVOCATE FOR SRI. KEMPARAJU., ADVOCATE) AND: STATE OF KARNATAKA BY MALAVALLI TOWN POLICE STATION BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU 560001. ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP.) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.66/2021 AND IN - 3 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 S.C.NO.39/2022 OF THE RESPONDENT MALAVALLI TOWN POLICE STATION, FOR THE ALLEGED OFFENCE P/US/ 341,326(B),302,120-B R/W SEC.34 R/W SEC.181(3) OF IMV ACT PENDING ON THE FILE OF THE HONBLE IV ADDL DISTRICT AND SESSION JUDGE MANDYA. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in SC No.39/2022 pending before the Court of IV Additional District and Sessions Judge, Mandya arising out of Crime No.66/2021 registered by the Malavalli Town Police Station, Mandya for offences punishable under Sections 341, 326(B), 114, 302, 120(B) r/w. Section 34 of IPC, 1860 and Section 181(3) of IMV Act, are 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.66/2021 was registered by Malavalli Town Police Station, Mandya for offences - 4 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 punishable under Sections 341, 326(B), 114, 302, 120(B) 1r/w. Section 34 of IPC, 1860 against petitioners herein and another, based on the first information dated 07.10.2021 received from Venkatesh, brother of deceased Sreenivas. During the course of investigation of the said case, petitioners herein were arrested on 11.10.2021 and remanded to judicial custody. After completing investigation, charge sheet is filed against 3 persons. Petitioners are arrayed as accused Nos. 1 and 2 in the charge sheet. Mother of accused No. 2 and the wife of accused No. 1 is arrayed as accused No.3, in the present case. Bail application filed by the petitioners before the Trial Court was rejected and thereafter, accused No.1 had approached this Court in Crl.P.No.11085/2022, which was dismissed as withdrawn on 06.02.2023 with liberty to move a similar petition before the Trial Court after examination of material charge sheet witnesses. Subsequently, petitioners have filed a fresh bail application before the Trial Court in S.C.No.39/2022, which was - 5 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 rejected on 11.06.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners, having reiterated the grounds urged in the petition, submits that the petitioners do not have any criminal antecedents and they are in custody for the last nearly 5 years. All the material charge sheet witnesses, including the alleged eye witnesses have been now examined before the Trial Court as PWs. 1 to 11. Prosecution has, in all, cited 45 charge sheet witnesses in the present case. She, accordingly, prays to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions, does not dispute the submission made by the learned counsel for the petitioners. He, however, submits that material charge sheet witnesses have supported the case of the prosecution and therefore, prays to dismiss the petitions. - 6 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 6. Perusal of the charge sheet material would go to show that, deceased - Srinivas allegedly had given a hand- loan of Rs.25,000/- to Smt. Savita (accused No.3) and thereafter, he used to come near her house and pick up her in his autorikshaw and roam around the village. Accused No.1, who is the husband of accused No. 3, and other relatives, had earlier advised Srinivas in a Panchayat that was held and in spite of the same, he continued to pick up accused No.3 in his autorickshaw and roam in the village. It is, in this background, accused, on 07.10.2021, had intercepted the motorbike in which Srinivas was travelling and after throwing acid-like liquid on the face of Sreenivas, they sprinkled chilli powder on him and thereafter assaulted him with iron pipe and knife and committed his murder. 7. CWs 1 to 4 are the eye witnesses in the present case. They are now examined before the Trial Court as PW1, PW2, PW5 and PW3, respectively. As on this date, out of the 45 charge sheet witnesses cited in the present - 7 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 case, 11 witnesses have been examined as PWs.1 to 11. All the material charge sheet witnesses, including the alleged eyewitnesses have been examined in the present case and, therefore, there cannot be any apprehension that the petitioners may tamper with the material charge sheet witnesses, in the event, they are enlarged on bail. 8. It is not in dispute that the petitioners do not have any criminal antecedents. They are in custody in the present case for the last nearly 5 years. Considering the fact that only 11 charge sheet witnesses are examined out of the 45 charge sheet witnesses in the present case, it is apparent that chances of the trial being completed and the case being disposed of in the near soon is very remote. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH vs. STATE OF MAHARASHTRA AND ANOTHER reported in 2024 SCC OnLine SC 1693 at paragraph No.19 has observed as follows: - 8 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 "19. 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". 9. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits and demerits of the case, considering the period of their incarceration. Accordingly, the following: ORDER (i) The petitions are allowed. (ii) The petitioners are directed to be enlarged on bail in SC No.39/2022 pending before the Court of IV Additional District and Sessions Judge, Mandya arising out - 9 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 of Crime No.66/2021 registered by the Malavalli Town Police Station, Mandya for offences punishable under Sections 341, 326(B), 114, 302, 120(B) r/w. Section 34 of IPC, 1860 and Section 181(3) of IMV Act, subject to the following conditions: a) Petitioners shall execute personal bonds for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners 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 petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; - 10 - HC-KAR CNR: KAHC010489182026 NC: 2026:KHC:45834 CRL.P No. 10618 of 2026 C/W CRL.P No. 11429 of 2026 e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE CM LIST NO.: 1 SL NO.: 65