IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.2876 OF 2025 BETWEEN:

SHIVAPRASAD ALIAS PRASI ALIAS PARSI S/O LATE SIDDALINGAMURTHY AGED ABOUT 42 YEARS R/AT 3RD CROSS, JAYAPURA TUMAKURU TOWN Digita lly signed AND DISTRICT-572 101.

by ARSHIFA …PETITIONER BAHAR KHANAM Location: Hi gh (BY SRI. G.M. SHARATH KUMAR, ADV., FOR Court of SRI. MOHAMMED NOOR ULAIN, ADV.,)

karnataka AND:

STATE BY THILAKPARK POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001.

…RESPONDENT (BY SRI. N. ANITHA GIRISH, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN S.C. NO.31/2024 (CRIME.NO.141/2023) REGISTERED BY THE THILAKPARK POLICE STATION, TUMAKURU FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 143, 147, 148, 302, 364 R/W 149 OF IPC, WHICH IS PENDING IN THE FILE OF VI ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONBLE COURT.

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.31/2024 pending before the Court of VI Additional and Sessions Judge at Tumakuru, arising out of Crime No.141/2023 registered by Thilak Park Police Station, Tumakuru, for the offences punishable under Sections 143, 147, 148, 302, 364 read with Section 149 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.141/2023 was registered by Thilak Park Police Station, Tumakuru, against the petitioner and four others initially for the offences punishable under Sections 364, 302 read with Section 149 of IPC based on the first information dated 22.10.2023 received from Rathnamma, mother of the deceased Maruthi. During the course of investigation of the case, the petitioner herein, who was arrayed as accused No.1 in the FIR, was arrested on 22.10.2023 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against eight persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.Pet.No.52/2025 was rejected on 31.01.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition, submits that CW-2, who is the eye-witness to the incident in question, has been examined as PW-1 before the trial Court and the said witness has turned hostile to the case of the prosecution. All other accused except accused No.1 have been granted regular bail by this Court. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner.

6. Perusal of the material on record would go to show that the allegation of assaulting the deceased Maruthi @ Pollard on 21.10.2023 with deadly weapons is as against accused Nos.1, 4 & 5. The other accused persons allegedly had instigated accused Nos.1, 4 & 5 to assault the deceased and they also allegedly had held the deceased so as to enable accused Nos.1, 4 & 5 to assault the deceased with deadly weapons. Accused Nos.4 & 5 have been granted regular bail by this Court in Crl.P.8801/2024 disposed of on 31.08.2024 and in Crl.P.6099/2024 disposed of on 28.08.2024. The other accused persons have been granted regular bail by this Court in Crl.P.2930/2024 disposed of on 03.04.2024 and Crl.P.No.417/2024 disposed of on 02.02.2024. The alleged eye-witness CW-2, who has been examined in the present case as PW-1, has turned hostile to the case of the prosecution. Though he was cross-examined by the Public Prosecutor, nothing material has been elicited from the mouth of the said w