- 1 - HC-KAR CNR: KAHC010178852026 NC: 2026:KHC:47908 CRL.P No. 3861 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3861 OF 2026 BETWEEN: 1. KUMAR G S/O. LATE GANGANNA, AGED ABOUT 47 YEARS, RESIDING AT GANGASANDRA, GULURU HOBLI, TUMAKURU TALUK, TUMAKURU- 572101 …PETITIONER (BY SRI UDAYA KUMAR N, ADV.) AND: 1. STATE OF KARNATAKA BY SHO, DOBBASPET PS, NELAMANGALA SUB-DIVISION BANGALORE DISTRICT - 562149 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560001. …RESPONDENT (BY SMT. RASHMI JADHAV., ADDL.SPP) THIS CRL.P FILED IS U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TOENLARGE HIM ON BAIL IN CR. NO. 226/2023 IN S.C. NO. 37/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC OF THE RESPONDENT POLICE I.E., DOBBASPET POLICE STATION Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010178852026 NC: 2026:KHC:47908 CRL.P No. 3861 of 2026 PENDING ON THE FILE OF IX ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE. 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 in SC No.37/2024 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.226/2023 registered by Dobbespet Police Station for offence punishable under Section 302 of IPC is before this court in the successive bail petition filed under Section 483 of BNS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.226/2023 was registered by Dobbespet Police Station, Bengaluru Rural District for the aforesaid offences against the petitioner herein based on the first information dated 19.10.2023 received from Mahalakshmi, who is the wife of the petitioner. During the course of investigation of the said case, petitioner was arrested on 13.10.2023 and remanded to judicial custody. His bail - 3 - HC-KAR CNR: KAHC010178852026 NC: 2026:KHC:47908 CRL.P No. 3861 of 2026 application filed before the jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.3184/2024, which was dismissed by the Co-ordinate Bench of this Court on 07.06.2024. Subsequently, the petitioner filed a fresh bail application before the trial court in SC.No.37/2024, which was dismissed on 10.09.2025. It is under these circumstances, he is before this Court in this successive bail petition. 4. Perusal of the record would go to show that deceased Rangaswamaiah is the maternal uncle of the petitioner. The marriage of the petitioner with CW1 - Mahalakshmi, who is the daughter of deceased Rangaswamaiah was performed in the year 2001. It appears that in the year 2019, deceased had provided a house for lease to the petitioner. However, as CW1 was not residing with the petitioner, he allegedly requested Rangaswamaiah to arrange refund of money that was paid to CW-10, who was the owner of the house that had been taken on lease by the petitioner. However, Rangaswamaiah had refused to get the money refunded to the petitioner and it appears that therefore there - 4 - HC-KAR CNR: KAHC010178852026 NC: 2026:KHC:47908 CRL.P No. 3861 of 2026 was an ill-will between the petitioner and his father-in-law- Rangaswamaiah. On 09.10.2023, when deceased was along with CW2 and CW3, at about 06.15 p.m., petitioner who approached him, allegedly abused him for the reason that his daughter CW1 was living with somebody else and even the lease money was not given to him. After quarreling with his father-in-law Rangaswamaiah, petitioner allegedly assaulted him with a machete and committed his murder. CW2 and CW3 are said to be the eyewitnesses to the incident in question. 5. Petitioner is in custody in the present case since 13.10.2023. Out of the 34 charge sheet witnesses cited in the present case, as on this date, 12 charge sheet witnesses have been examined as CW1 to CW12. CW1 to CW3 have been examined before the trial Court as PW1 to PW3. Learned counsel for the petitioner has made a submission that PW2 and PW3 who are the alleged eyewitnesses have turned hostile to the case of the prosecution. Said submission is not seriously disputed by learned Additional State Public Prosecutor. It is not in dispute that petitioner has no other criminal antecedents. - 5 - HC-KAR CNR: KAHC010178852026 NC: 2026:KHC:47908 CRL.P No. 3861 of 2026 6. Considering the aforesaid aspects of the matter, particularly the period of incarceration undergone by the petitioner, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.226/2023 registered by Dobbespet Police station, Bengaluru District, for the offences punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety 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 his appearance for valid reasons; - 6 - HC-KAR CNR: KAHC010178852026 NC: 2026:KHC:47908 CRL.P No. 3861 of 2026 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 AG List No.: 1 Sl No.: 24