- 1 - HC-KAR NC: 2026:KHC:5448 CRL.P No. 17613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 17613 OF 2025 BETWEEN: SRI KUMAR A.M, AGED ABOUT 58 YEARS, S/O SRI. A.M. ESHWARAPPA, RESIDING AT BELALAKATTE VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA - 577 216. …PETITIONER (BY SRI. PRABHAKAR L. SHETTY, ADVOCATE) AND: THE STATE BY RURAL POLICE, SHIVAMOGGA TALUK, REPRESENTED BY S.P.P, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER DIRECTING TO RELEASE THE PETITIONER THE ACCUSED NO.1 ON BAIL IN S.C.NO.77/2024 FOR THE OFFENCE P/U/S 120B, 341, 435, 302 R/W 34 OF IPC ON THE FILE OF THE I ADDL.SESSIONS JUDGE SHIVAMOGGA. Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5448 CRL.P No. 17613 of 2025 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 No.1 in S.C.No.77/2024 pending before the Court of I Additional District and Sessions Judge, Shivamogga, arising out of Crime No.383/2023 registered by Shivamogga Rural Police Station, Shivamogga, for offences punishable under Section 120-B, 341, 435, 302 read with Section 34 of IPC is before 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.383/2023 was registered by Shivamogga Rural Police Station, Shivamogga, for the aforesaid offences against petitioner and two others, based on the first information dated 03.12.2023 received from Smt.Preethi.B.M, daughter of Maheshappa. - 3 - HC-KAR NC: 2026:KHC:5448 CRL.P No. 17613 of 2025 4. During the course of investigation, petitioner was arrested on 06.12.2023 and remanded for judicial custody. His bail application filed before the Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.7806/2024 which was dismissed as not pressed on 03.09.2024. Subsequently, petitioner had filed a fresh bail application before the Trial Court in Crl.Misc.No.752/2025 which was rejected on 28.08.2025. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents. He is in custody for the last more than two years. All the material charge sheet witnesses who have been examined in the present case before the Trial Court have turned hostile to the case of the prosecution. Accordingly, he prays to allow this petition. - 4 - HC-KAR NC: 2026:KHC:5448 CRL.P No. 17613 of 2025 6. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. He submits that deceased had suffered burn injuries and has died as a result of the said burn injuries. Allegation against the petitioner and accused No.2, who is his son is that on the alleged date of incident they had intercepted deceased Maheshappa and had poured petrol on him and lit fire. Accordingly, he prays to dismiss the petition. 7. Deceased Maheshappa is the cousin brother of the petitioner. It appears that there was certain civil dispute between the family of the petitioner and the family of the deceased. It is the case of the prosecution that accused Nos.1 and 2 had therefore conspired to commit the murder of Maheshappa and on 03.12.2023, when Maheshappa was riding the motorbike bearing registration No.KA-51-AD-1259, accused Nos.1 and 2 intercepted his motorbike and poured petrol which they had brought with them and lit fire. As a result, Maheshappa had suffered - 5 - HC-KAR NC: 2026:KHC:5448 CRL.P No. 17613 of 2025 grievous burn injuries and immediately thereafter he was shifted to a hospital. However, Maheshappa had died in the hospital while undergoing treatment. It is under these circumstances, FIR was registered against the petitioner and his family members, based on the first information submitted by Smt.Preethi, who is the daughter of deceased Maheshappa. 8. First informant Smt.Preethi has been examined before the Trial Court as PW.1. She has been treated as a hostile witness and cross-examined by the Public Prosecutor. PW.2 is the son-in-law of the deceased and brother-in-law of PW.1. Even PW.2 was treated as a hostile witness and cross-examined by the prosecution. According to the learned counsel for the petitioner, nothing material has been elicited from the mouth of the aforesaid two witnesses by the prosecution even during their cross-examination by the prosecution. - 6 - HC-KAR NC: 2026:KHC:5448 CRL.P No. 17613 of 2025 9. It is brought to the notice of this Court that all the material charge sheet witnesses have been already examined before the Trial Court and none of them have supported the case of the prosecution. Petitioner aged about 58 years, is in custody for the last more than two years. Undisputedly, he has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.77/2024 pending before the Court of I Additional District and Sessions Judge, Shivamogga, arising out of Crime No.383/2023 registered by Shivamogga Rural Police Station, Shivamogga, for offences punishable under Section 120-B, 341, 435, 302 read with Section 34 of IPC, subject to the following conditions: - 7 - HC-KAR NC: 2026:KHC:5448 CRL.P No. 17613 of 2025 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties 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; 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 KVR/List No.: 1 Sl No.: 14