Prakasha v Vs State by Mysuru South Ps

THIS CRL.P FILED U/S 439 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.65/2024/SC NO.152/2024. FOR THE OFFENCE PUNISHABLE UNDER SECTION 341, 504, 302 R/W OF INDIAN PENAL CODE 1860, REGISTERED BY MYSURU SOUTH POLICE STATION PENDING IN THE COURT OF VTH ADDITIONAL DISTRICT AND SESSION JUDGE AT MYSURU.

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NC: 2025:KHC:26321 CRL.P No. 5070 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in S.C.No.152/2024 pending before the Court of V Additional Sessions Judge, Mysuru, arising out of Crime No.65/2024 registered by Mysuru South Police Station, Mysuru, for offences punishable under Sections 341, 504, 302 read with Section 34 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.65/2024 was registered by Mysuru South Police Station, Mysuru, for the aforesaid offences against the petitioner and his father on 17.03.2024. The first information was received from Smt.Maramma who is the wife of the deceased Mallesh. During the course of investigation of the said case, petitioner herein was arrested on 17.03.2024 and

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3 - NC: 2025:KHC:26321 CRL.P No. 5070 of 2025

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HC-KAR

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subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against petitioner and his father for the said offences. Bail application filed by the petitioner before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.12675/2024 which was dismissed as withdrawn by order dated 12.12.2024 reserving liberty to the petitioner to approach this Court after examination of alleged eye witnesses is completed before the Trial Court. Subsequently, the petitioner has filed a fresh bail application before the Trial Court in S.C.No.152/2024 which was rejected on 05.03.2025. It is under these circumstances, the petitioner is before this Court in this successive bail application.

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Learned Counsel for the petitioner submits that petitioner is an agriculturist having no criminal antecedents. The parties have a civil dispute between them and in the said background the alleged incident had taken place. Accused No.2 had been granted regular bail

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NC: 2025:KHC:26321 CRL.P No. 5070 of 2025

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HC-KAR

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in Crl.P.No.8047/2024 which was disposed of on 27.08.2024. All the material and charge sheet witnesses

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have been examined before the Trial Court.

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Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner.

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A perusal of the material on record would go to show that there is a civil dispute between the family of the petitioner and the family of the deceased. On 16.03.2024 accused had gone near the house of deceased Mallesh and had abused him at about 10.30 p.m. The Police who arrived at the spot had pacified both the parties, and thereafter, left the spot. Subsequently, at about 10.45 p.m., the accused No.1 once again had confronted Mallesh and had assaulted him. Accused No.1 who is the son of accused No.2 allegedly had assaulted deceased on his head and as result of the injuries sustained deceased had died.

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HC-KAR

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CWs.1 to 3 are the wife and children of deceased

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Mallesh. They have been already examined before the Trial Court as PWs.1 to 3. As on this day, prosecution has examined 6 charge sheet witnesses before the Trial Court as PWs.1 to 6. Since the material charge sheet witnesses are already examined before the Trial Court, there cannot be any apprehension that petitioner is likely to tamper with the material chargesheet witnesses. Undisputedly, the petitioner has no criminal antecedents. Prosecution has cited 42 charge sheet witnesses in the present case and till date only 6 charge sheet witnesses are examined. The petitioner is in custody for the last one year four months.

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Considering the aforesaid aspects of the matter,

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I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by

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the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-

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HC-KAR

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ORDER

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The petition is allowed .

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S.C.No.152/2024 which is pending on the file of V Additional Sessions Judge, Mysuru arising out of Crime No.65/2024 registered by Mysuru South Police Station, Mysuru, for the offence punishable under Section 341, 504, 302 r/w Section 34 of IPC, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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NC: 2025:KHC:26321 CRL.P No. 5070 of 2025

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HC-KAR

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d) The petitioner shall not involve in similar offences in future;

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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.

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Sd/-

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(S VISHWAJITH SHETTY)

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JUDGE

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GSR

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List No.: 1 Sl No.: 30

Prakasha v. Vs State by Mysuru South Ps

Case brief

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Prakasha v. Vs State by Mysuru South Ps

Case brief

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