Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:6384 CRL.P No. 16958 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.16958 OF 2025 (439 (Cr.PC)/483(BNSS))
BETWEEN:
1.
MAHESH CHANDRA GURU, S/O M.C. SWAMY, AGED ABOUT 38 YEARS, R/AT MUDNAKUDU VILLAGE, CHAVADI BEEDI, CHAMARAJANAGAR TALUK, CHAMARAJANAGAR DISTRICT-571 128. …PETITIONER (BY SRI. PARAMESWARAPPA C., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY CHAMARAJANAGAR RURAL POLICE STATION, CHAMARAJANAGAR-571 313.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP)
Digitally signed by GEETHA P G Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:6384 CRL.P No. 16958 of 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.31/2023 OF CHAMARAJANAGAR RURAL POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC, 1860 PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGAR IN S.C.NO.65/2023, IN THE ENDS OF JUSTICE.
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 S.C.No.65/2023 pending before the Court of Principal District and Sessions of Chamarajanagar arising out of Crime No.31/2023 registered by Chamarajanagar Rural Police Station for offence punishable under Section 302 of IPC, is before this Court in this successive bail petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 439 of Cr.P.C. seeking regular bail.
2.
Learned counsel for the petitioner submits that, though the earlier bail petition was dismissed as withdrawn on 06.12.2023 with liberty to the petitioner to file a fresh bail
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HC-KAR NC: 2026:KHC:6384 CRL.P No. 16958 of 2025
petition after evidence of material charge sheet witnesses are completed before the trial Court, till date only three charge sheet witnesses have been examined and for the last nearly six months there is absolutely no progress in the case before the trial Court.
3. Per contra, learned High Court Government Pleader submits that CW7, who is the daughter of the petitioner is the material charge sheet witness and she will be examined on priority before the trial Court by the prosecution. In the event petitioner is enlarged on bail at this stage, chances of he tampering with the material charge sheet witness cannot be ruled out.
4. At this juncture, Learned counsel for the petitioner submits that, this petition may be dismissed as not pressed for the present with liberty to the petitioner to renew his bail application after CW7 is examined before the trial Court.
5. Submission of both sides is placed on the record. The petition is dismissed as withdrawn with liberty as prayed for.
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HC-KAR NC: 2026:KHC:6384 CRL.P No. 16958 of 2025
It is needless to state that the trial Court as well as the prosecution shall make endeavours to examine CW7 before the trial Court on priority.
SD/- (S VISHWAJITH SHETTY) JUDGE
PGG List No.: 1 Sl No.: 8