- 1 - NC: 2025:KHC:10587 CRL.P No. 1063/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.1063/2025 BETWEEN: SRI. AMRUTH G.R. @ AMBU S/O RAJU AGED ABOUT 29 YEARS R/AT. NO.48/B, 17th MAIN 14th CROSS, SARAKKIAGRAHARA J P NAGAR II PHASE BENGALURU 560 078. …PETITIONER (BY SRI. SUNIL KUMAR S, ADV.,) AND: STATE OF KARNATAKA BY JAYAPRAKASH NAGAR P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.01/2018 REGISTERED BY JAYAPRAKASH NAGAR P.S FOR OFFENCES P/U/S 302 OF IPC WHICH IS NOW PENDING BEFORE THE LRD. LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN S.C.NO.802/2018. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10587 CRL.P No. 1063/2025 ORAL ORDER Accused in S.C.No.802/2018 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.1/2018 registered by Jayaprakash Nagar Police Station, Bengaluru City, for the offence punishable under Section 302 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. Learned counsel for the petitioner submits that the petitioner, who has no other criminal antecedents, is in custody from 01.01.2018. The trial in the case is not yet completed. Considering the period of incarceration of the petitioner, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader has opposed the petition. 5. Petitioner, who is the sole accused in the present case, is in custody from 01.01.2018. The - 3 - NC: 2025:KHC:10587 CRL.P No. 1063/2025 prosecution, in all, has cited 32 charge sheet witnesses in the present case and out of the 32 witnesses, only 10 witnesses have been examined till date before the trial Court. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and another1 in paragraph No.17 has held as under: "17. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime." 6. Under the circumstances, without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail needs to be granted considering the period of his incarceration. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.802/2018 pending before 1 (2024) 9 SCC 813 - 4 - NC: 2025:KHC:10587 CRL.P No. 1063/2025 the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.1/2018 registered by Jayaprakash Nagar Police Station, Bengaluru City, for the offence punishable under Section 302 of IPC, subject to the following conditions: 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; 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. Sd/- (S. VISHWAJITH SHETTY) JUDGE BSR/List No.: 1 Sl No.: 44