- 1 - HC-KAR CNR: KAHC010506482026 NC: 2026:KHC:45833 CRL.P No. 11062 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. 11062 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: 1. MALLIKARJUNAPPA S/O MALEMADAPPA AGED ABOUT 30 YEARS RESIDING AT KOTTHALAVADI VILLAGE CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT-571123. 2. MALEMADAPPA S/O LATE. MADAPPA AGED ABOUT 65 YEARS R/AT KOTTHALAVADI VILLAGE CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT-571123. …PETITIONERS (BY SRI. KUMARASWAMY M., ADVOCATE) AND: THE STATE OF KARNATAKA BY CHAMARAJANAGARA RURAL POLICE STATION REP. BY HIGH COURT PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 009. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP.) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010506482026 NC: 2026:KHC:45833 CRL.P No. 11062 of 2026 PETITIONERS/ACCUSED NOS.1 AND 2 ON BAIL IN RESPECT OF CRIME NO.112/2021 (SC.NO.149/2023) REGISTERED BY CHAMARAJANAGARA RURAL P.S., PENDING BEFORE THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-1, CHAMARAJANAGARA, FOR THE OFFENCES P/U/S 341, 504,307, 302, 324, 326, 506, 114 R/W 34 OF IPC. THIS PETITION, 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 S.C.No.149/2023 pending before the Court of Additional District and Sessions Judge & FTSC-I, Chamarajanagar arising out of Crime No.112/2021 registered by Chamarajanagar Rural Police Station, for offences punishable under Sections 341, 504, 307, 324, 326, 114, 506 r/w. Section 34 of IPC, 1860 are before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.112/2021 was registered by Chamarajanagar Rural Police Station against the petitioners and another based on the first information dated 06.07.2021 received from Mahadevaswamy. During - 3 - HC-KAR CNR: KAHC010506482026 NC: 2026:KHC:45833 CRL.P No. 11062 of 2026 the course of investigation of the said case, petitioners were arrested on 06.07.2021 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court was rejected and, therefore, they have earlier approached this Court in Crl.P.No.2621/2022 which was rejected by a Co-ordinate Bench of this Court on 26.05.2022. Subsequently, the petitioners had filed fresh bail application before the Trial Court in SC No. 149/2023, which was rejected on 09.06.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, accused No.1 is the son of accused Nos. 2 and 3. It appears that, there was a serious civil dispute between the family of the accused and the family of the deceased - Guruswamy and accused No. 2 had already approached the jurisdictional civil court and had filed a suit against Guruswamy and his family members. - 4 - HC-KAR CNR: KAHC010506482026 NC: 2026:KHC:45833 CRL.P No. 11062 of 2026 5. On 06.07.2021, at about 14.30 hours, when accused Nos. 1 and 2 were working in their agricultural field, Guruswamy and his son Manjunath (CW4) had objected for the same and therefore, there was a quarrel between the two parties. In the fight that took place between the two parties thereafter, accused Nos. 1 and 2 allegedly had assaulted Guruswamy and his son – Manjunath with a machete. As a result, Guruswamy had succumbed to the injuries at the spot. CW4 - Manjunath was immediately shifted to a hospital for treatment. Accused No. 3 allegedly had instigated accused Nos. 1 and 2 to commit the offence. It is under these circumstances, FIR was registered against 3 persons in the present case. 6. Petitioners, who are agriculturalists by avocation, do not have any criminal antecedents and they are in custody for the last more than five years. Out of the 53 charge sheet witnesses cited in the present case, as on this date, 12 charge sheet witnesses are examined as - 5 - HC-KAR CNR: KAHC010506482026 NC: 2026:KHC:45833 CRL.P No. 11062 of 2026 PWs.1 to 12. CW4 – Manjunath has been examined in the present case before the Trial Court as PW9. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that petitioners may tamper with the said witnesses. Out of the 53 charge witnesses, only 12 have been examined as on this date and therefore, chances of trial being completed and the case being disposed of in the near soon is very remote. 7. 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: "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". - 6 - HC-KAR CNR: KAHC010506482026 NC: 2026:KHC:45833 CRL.P No. 11062 of 2026 8. Considering the above aspects of the matter and the period of incarceration of the petitioners, without expressing any opinion on the merits and demerits of the case, petitioners’ prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The petitioners are directed to be enlarged on bail in S.C.No.149/2023 pending before the Court of Additional District and Sessions Judge & FTSC-I, Chamarajanagar arising out of Crime No.112/2021 registered by Chamarajanagar Rural Police Station, for offences punishable under Sections 341, 504, 307, 324, 326, 114, 506 r/w. Section 34 of IPC, 1860, subject to the following conditions: a) Petitioners shall execute personal bonds for a sum of Rs.1,00,000/- with two sureties for - 7 - HC-KAR CNR: KAHC010506482026 NC: 2026:KHC:45833 CRL.P No. 11062 of 2026 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; 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.: 69