- 1 - HC-KAR CNR: KAHC010548422026 NC: 2026:KHC:47813 CRL.P No. 11985 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11985 OF 2026 BETWEEN: PRASHANTH DEKA S/O SUBHASH DEKA AGED ABOUT 41 YEARS RESIDING AT CHARANG BARITAMALPURA BADIGAON, BUDDAN ROAD BAXA DISTRICT ASSAM STATE - 788 931. …PETITIONER (BY SRI KRISHNA GOWDA M, ADV., SRI DARSHAN M.S, ADV.) AND: STATE OF KARNATAKA STATE BY ATTIBELE P.S. RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO BAIL ENLARGING THE PETITIONER IN CRIME NO.137/2021 OF ATTIBELE POLICE NOW IN SC NO.5049/2021 AND PENDING BEFORE THE III ADDL.DISTRICT AND SESSIONS JUDGE AT BANGALORE RURAL SITTING AT ANEKAL FOR THE OFFENCE P/U/S 302 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010548422026 NC: 2026:KHC:47813 CRL.P No. 11985 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.5049/2021 pending before the Court of III Addl. District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.137/2021 registered by Attibele Police Station, Bengaluru, for the offence punishable under Section 302 of IPC, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.137/2021 was registered by Attibele Police Station, Bengaluru, for the aforesaid offence against the petitioner and another based on the first information dated 14.04.2021 received from Pankaj Bora. In the said case, accused Nos.1 and 2 were arrested on 19.04.2021 and remanded to judicial custody. After completing investigation, charge sheet was filed against them for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in - 3 - HC-KAR CNR: KAHC010548422026 NC: 2026:KHC:47813 CRL.P No. 11985 of 2026 Crl.Misc.No.5305/2021 was rejected on 24.08.2021. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused No.2, has been granted regular bail by the Co-ordinate Bench of this Court, considering the period of his incarceration in Crl.P.No.5901/2025 vide order dated 15.04.2026. He submits that all the eight charge sheet witnesses examined in the present case have turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 6. A reading of the charge sheet material would go to show that entire case of the prosecution is based on circumstantial evidence. The allegation against accused Nos.1 and 2 is that they had some financial dispute with deceased Bijay Sharaniay and it is in this background, they had assaulted him on the alleged date of incident and committed his murder. Accused No.2 as against whom similar allegations are found in the - 4 - HC-KAR CNR: KAHC010548422026 NC: 2026:KHC:47813 CRL.P No. 11985 of 2026 charge sheet, has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.5901/2025 vide order dated 15.04.2026 considering the period of his incarceration. It is also brought to the notice of this Court that eight charge sheet witnesses, who are examined as PW1 to PW8 have all turned hostile to the case of the prosecution. Considering the aforesaid aspects of the matter and also the period of petitioner's incarceration, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5049/2021 pending before the Court of III Addl. District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.137/2021 registered by Attibele Police Station, Bengaluru, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR CNR: KAHC010548422026 NC: 2026:KHC:47813 CRL.P No. 11985 of 2026 likesum, out of which, one shall be a local surety, 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 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 DN List No.: 1 Sl No.: 67