- 1 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4870 OF 2026 BETWEEN: 1. NITHYA A R S/O. A.S. RAJAPPA, AGED ABOUT 29 YEARS RESIDING AT ANGASHETTYALLI, HANAGAL POST, SHANTHALLI HOBLI, SOMAVARPETE TALUK, KODAGU DISTRICT (AS PER CHARGESHEET) 2. CHANDRAHASA @ AKSHAYA S/O. ANANDA PUJARI AGED ABOUT 33 YEARS RESIDING AT KONGARABETTU GRAMA, KASABAHOBLI, BANTWALATALUK, DAKSHINA KANNADA DISTRICT. (AS PER CHARGESHEET) …PETITIONERS (BY SRI. CHANDRASHEKAR R.P., ADVOCATE) AND: THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, (HIGH COURT COMPLEX BENGALURU) …RESPONDENT (BY SRI. CHANNAPPA EERAPPA, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO. 86/2020 REGISTERED IN CUBBON PARK POLICE STATION PENDING ON THE FILE OF THE LEARNED LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH70) IN S.C.NO. 604/2021, FOR OFFENCES P/U/S 302, 201, 114, 120B, R/W 34 OF IPC AND U/S 3, 4, 25 (1B) (b), 27 OF THE ARMS ACT. 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 No.3 and 4 in SC No.604/2021, now pending before the Court of the Principal City Civil and Sessions Judge, Bengaluru, arising out of Crime No.86/2020 registered by Cubbon Park Police Station, Bengaluru, for offences punishable under Sections 302, 201, 114, 120(B) read with Section 34 of IPC and Section 3, 4, 25 (1B) (b), 27 of the Arms Act, 1959, are before - 3 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 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.86/2020 was registered by Cubbon Park Police Station, Bengaluru for offences punishable under Section 302, 201 read with Section 34 of IPC and Section 3 and 27 of the Arms Act, 1959, against unknown persons, based on First Information Report dated 15.10.2020 received from Praveen Shetty (CW.1). During the course of investigation, the petitioners herein were arrested on 17.10.2020. After completing the investigation, charge sheet is filed against seven persons and the petitioners are arrayed as accused No.3 and 4 in the charge sheet. Their bail application filed before the trial Court was rejected and therefore they had earlier approached this Court in Crl.P.No.4181/2024, which was dismissed as withdraw on 18.06.2024. Subsequently, they had once again approached this Court in Crl.P.No.8380/2025, which was dismissed as not pressed, - 4 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 with liberty to approach this Court afresh after CW.1 and CW.2, the material charge sheet witnesses, are cross- examined on behalf of the defence. Under these circumstances, the petitioners are before this Court. 4. Learned counsel for the petitioners submits that CW1 and CW7 are the alleged eye witnesses and are the material charge sheet witnesses in the present case. CW2 is only a spot Mahazar panch witness, and in the order dated 25.07.2025 in Crl.P.No.8380/2025, it has been wrongly mentioned as CW.1 and CW.2 instead of CW.1 and CW.7. He submits that CW.1 and CW.7 are now completely examined as PW.1 and PW.2 before the trial Court. The petitioners are in custody for the last nearly 6 years. Out of eighty four charge sheet witnesses cited in the present case, as on this day only six witnesses are examined as PWs.1 to 6. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the bail petition submits that the petitioners are assailants in - 5 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 the present case and the incident in question is recorded in a CCTV footage. He submits that accused No.1 had given Rs.2,00,000/- to accused No.2 who in turn had engaged the services of accused No.3 to 7 and in furtherance of thier conspiracy, accused No.3 to 5 who had arrived at the spot of crime had committed the murder of Manish Shetty. He accordingly prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons based on the First Information received from Praveen Shetty/CW.1, who was working as a Manager in the bar and restaurant of the deceased, Manish Shetty. During the course of the investigation, the petitioners were arrested on 17.10.2020, and after completion of the investigation, charge sheet was filed against seven persons. 7. As per the charge sheet allegation, accused No. 1 had enmity with Manish Shetty, who was also a rowdy sheeter. Accused No.1 therefore decided to eliminate - 6 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 Manish Shetty and had contacted accused No.2 and offered to pay a sum of Rs. 2,00,000/- for committing the murder of Manish Shetty. Accused No.2 thereafter contacted his friends, accused No.3 to 7, and they conspired to commit the murder of Manish Shetty. Accused No.2 arranged the weapons to commit the murder of Manish Shetty, and in furtherance of thier conspiracy, as per the information given by accused No.7 about the whereabouts of Manish Shetty, accused No.3 to 5 arrived at the spot of the crime. When Manish Shetty who came in a car, parked the same and alighted, accused No.3 allegedly fired at him from a pistol, and thereafter accused No.4 assaulted him with a machete on his head and other parts of the body and committed his murder. Subsequently, accused No.3 and 4, who are the assailants, escaped from the spot on the motorbike of accused No.5, who was waiting for them. 8. CW.1 – Praveen Shetty and CW.7 – Nitin Kumar are the alleged eye witnesses in the present case. They - 7 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 are now examined before the trial Court as PW.1 and PW.2. The bail application filed by the petitioners earlier was dismissed as not pressed, with liberty to approach this Court afresh after CW.1 and CW.7 are completely cross- examined by them. The deposition of PW.1 (CW.1) and PW.2 (CW.7) would go to show that they have now been completely cross-examined on behalf of the defence. 9. The prosecution has cited 84 charge sheet witnesses in the present case. Out of the same, only six witnesses have been examined till date as PW.1 to PW.6. Since the material charge sheet witnesses, namely the eye witnesses, are already examined, there cannot be any apprehension that if the petitioners are enlarged on bail they may tamper with the said witnesses. It is brought to the notice of this Court that as against accused No. 3, there was one criminal case registered for an offence punishable under Section 307, and as against accused No. 4, there was one criminal case registered for offences - 8 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 under the ITP Act prior to the registration of the present criminal case against them. 10. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court 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". 11. Considering the fact that out of eighty-four charge sheet witnesses cited in the present case, only six witnesses have been examined as PW.1 to PW.6 as on this date, it is apparent that the chances of the trial Court - 9 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 being completed and the case being disposed of on merits in the near soon is very remote. 12. The petitioners are in custody in the present case for the last nearly 6 years. It is not in dispute that in the earlier criminal case that was registered against them, they were already on bail. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: ORDER (i) Criminal petition is allowed. (ii) The petitioners No.1 and 2/ accused No.3 and 4 are directed to be enlarged on bail in SC No.604/2021 pending before the Court of Prl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.86/2020 registered by Cubbon Park Police Station, Bengaluru, for - 10 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 offences punishable under Sections 302, 201, 114, 120b read with Section 34 of IPC and Section 3, 4, 25 (1B) (b), 27 of the Arms Act, 1959, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each 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 his appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 11 - HC-KAR CNR: KAHC010222232026 NC: 2026:KHC:49369 CRL.P No. 4870 of 2026 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE TIN List No.: 1 Sl No.: 38