Accused may be granted bail after a significant material witness turns hostile, especially when in custody for over two years.

ORAL ORDER

Heard learned counsel for the petitioner, learned HCGP for the State and perused the material on record.

2. Petitioner is arraigned as accused No.2 in Crime No.358/2023 of Kengeri Police Station, pending before the learned LVI Additional City Civil and Sessions Judge (CCH-

57) in SC No.1921/2023.

3. Petitioner along with accused No.1 is alleged to have committed the murder of one Chetan.V, by dropping a big stone on his head, on the night intervening 08.08.2023 and 09.08.2023. Petitioner was arrested on

10.08.2023. He is in judicial custody.

4. This is a successive bail petition filed by the petitioner. He had preferred Crl.P.No.13772/2023 before this Court seeking bail. The said petition along with Crl.P.No.13910/2023, preferred by accused No.1, was dismissed by a common order dated 18.01.2024. Liberty was reserved to move the Sessions Court afresh for bail, after examination of CW.22, since it was submitted by the prosecution that the said witness is a material witness, who had seen the deceased in the company of the accused, prior to the incident.

5. It is submitted by the learned counsel for petitioner that CW.22 has been examined before the trial Court, but completely denied the prosecution case and therefore, the petitioner who is languishing in judicial custody from 10.08.2023, i.e., for more than 2 years may be enlarged on bail by imposing any conditions.

6. Learned HCGP opposed the prayer and sought to reject the petition contending that the trial is in progress and at this stage, if the petitioner is granted bail, he may flee from justice and tamper other prosecution witnesses. He contended that blood stained cloths were recovered at the instance of the petitioner.

7. There are no eyewitnesses to the incident. Entire case is based on circumstantial evidence. The prosecution has mainly relied on the statement of CW.22, who is alleged to have seen the deceased and accused together on 08.08.2023 at about 10 p.m. near one Sree Brahmalingeshwara Juice and Condiments where they purchased cigarettes.

8. This Court while dismissing the petition seeking bail, considering that CW.22 is a prime witness, reserved liberty to the accused to move the Sessions Court afresh after his examination, to rule out the possibility of influencing the said witness. It is not in dispute that CW.22 has been now examined by the trial Court. It is the contention of learned counsel for petitioner that the said witness has totally turned hostile. Though his evidence cannot be discussed or appreciated in this petition, however, considering that the material witness has been examined and the petitioner is in judicial custody for more than 2 years, by imposing necessary conditions relief sought in the petition can be granted. Hence, the following:

ORDER Petition is allowed.

Petitioner/accused No.2 in Crime No.358/2023 of Kengeri Police Station, pending in S.C.No.1921/2023 on the file of LVI Additional City Civil and Sessions Judge, Bengaluru (CCH-57), shall be enlarged on bail, subject to following conditions:

1. He 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.

2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.

3. He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge.