Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1574 OF 2026 BETWEEN: POORNACHANDRA S/O RAMESH AGED ABOUT 31 YEARS R/AT CHAVADI BEEDI HULIKERE VILLAGE, BELAGOLA HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT - 571 401 (JUDICIAL CUSTODY) …PETITIONER (BY SMT. TEJASWINI V, ADV., FOR SRI S. SHANKARAPPA, ADV.) AND: STATE THROUGH K.R. SAGARA POLICE STATION REP. BY SPP, HIGH COURT COMPLEX BANGALORE - 560 001. …RESPONDENT
Digitally signed by NANDINI M (BY SMT. RASHMI JADHAV, ADDL. SPP) S Location: HIGH THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) COURT OF KARNATAKA PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.5074/2023 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA, (SITTING AT SRIRANGAPATNA) ARISING OUT OF CR.NO.0133/2023 OF K.R.SAGAR PS.S FOR THE OFFENCES P/U/S. 302, 201 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: -2- CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in S.C.No.5074 of 2023, pending
before the Court of III Addl. District and Sessions Judge, Mandya, (sitting at Srirangapatna), arising out of Crime No.133 of 2023 registered by K.R. Sagar Police Station, Mandya District for offences punishable under Section 302, 201 R/w Section 34 of IPC, is before this Court in the 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.133 of 2023 was registered by K.R.
Sagar Police Station, Mandya District for the aforesaid offences against the petitioner herein and others, based on the first information dated 29.06.2023 received from Sri Mahesha, brother of deceased Suresh. During the course of investigation, petitioner herein was arrested on 30.06.2023 and remanded to judicial custody. After completing investigation, charge sheet has been filed as against four persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed
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before the jurisdictional Sessions court was rejected and therefore, he had earlier approached this Court in Criminal Petition No.1192 of 2024, which was rejected on 18.04.2024 with liberty to the petitioner to file a fresh bail application, after examination of the eyewitnesses is completed before the trial Court. Subsequently, petitioner had filed a fresh bail application before the trial Court in S.C.No.5074 of 2023, which was rejected on 16.12.2025. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that in
the two other criminal cases registered against the petitioner earlier he has been enlarged on bail. In the present case, as on this date, ten charge sheet witnesses have been examined out of 38 charge sheet witnesses cited in the present case. All the eye witnesses and material charge sheet witnesses are already examined. Some of them have not supported the case of the prosecution. All the other accused except the petitioner are enlarged on bail in the present case. Accordingly, she prays to allow the petition.
5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition does not dispute the -4-
submission made by learned counsel for the petitioner. She however submits that, the mahazar witnesses are yet to be examined and in the event, petitioner is enlarged on bail, he may tamper with the said witnesses.
6. Charge sheet in the present case, reveals that deceased Suresha and the accused named in the present case were friends. On 29.06.2023 all of them were consuming
alcohol and deceased Suresha was allegedly demanded repayment of money which accused no.1 / petitioner was due to pay and he also spoke ill about the mother of the petitioner / accused no.1. It is under these circumstances, petitioner who got enraged allegedly assaulted Suresha with a long and when Suresha tried to escape, accused Nos.2 and 4 allegedly caught hold of him and thereafter accused No.1 assaulted Suresha with a long and accused No.3 assaulted deceased with a stone and committed his murder. Accused no.3 has been granted regular bail by this Court in Criminal Petition No.1192 of 2024 and the said petition was dismissed as against the petitioner herein with liberty to renew his bail application, after examination of the eye witnesses is complete.
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7. As on this date, out of the 38 charge sheet
witnesses cited in the present case, 10 charge sheet witnesses are being examined as PW1 to PW10. It is not in dispute that the alleged eye witnesses have been already examined and even some of the other material charge sheet witnesses are also examined. Petitioner, who has been granted bail in the other two criminal cases registered against him earlier, is in custody in the present case for the last nearly 3 years. Considering the progress of the trial, it appears that in the near soon the trial of the case could not be completed and chances of the case being disposed of on merits at the earliest is also very remote.
8. Apprehension expressed by learned Additional State
Public Prosecutor can be taken care of by imposing appropriate conditions. Considering the period of petitioner's incarceration and also the stage of the trial in S.C.No.5074 of 2023, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions.
9. Accordingly, the following: -6-
ORDER
Criminal petition is allowed. The petitioner is directed to be enlarged on bail in
S.C.No.5074 of 2023, pending before the Court of III Addl. District and Sessions Judge, Mandya, (sitting at Srirangapatna), arising out of Crime No.133 of 2023 registered by K.R. Sagar Police Station, Mandya District for offences punishable under Section 302, 201 R/w Section 34 of IPC, subject to the following conditions:
a) The petitioner shall execute a 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. -7-
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 NMS List No.: 1 Sl No.: 57