- 1 - NC: 2025:KHC:9402 CRL.P No. 1628 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1628 OF 2025 BETWEEN: BABU S/O LATE VENKATESHAPPA AGED ABOUT 30 YEARS R/AT MUTTHUKADAHALLI GRAMA, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK HOSKOTE - 562 114. …PETITIONER (BY SRI M. KRISHNE GOWDA, ADV.) AND: STATE OF KARNATAKA STATE BY ANUGONDANAHALLI P.S. RPTD. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.13/2019 OF ANUGONDANAHALLI POLICE, NOW IN S.C.NO.167/2019, PENDING BEFORE VIII ADDL. DISTRICT AND SESSIONS JUDGE AT BANGALORE RURAL FOR THE OFFENCE P/U/S 302, 201, 427 AND 506(ii) OF IPC. 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 NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9402 CRL.P No. 1628 of 2025 ORAL ORDER Accused in S.C.No.167/2019 pending before the Court of VIII Addl. District & Sessions Judge, Bengaluru Rural arising out of Crime No.13/2019 registered by Anugondanahalli Police Station, Bengaluru District for the offences punishable under Sections 302 & 201, 427 & 506(ii) of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.13/2019 was registered by Anugondanahalli Police Station, Bengaluru District against petitioner herein and three others for the aforesaid offences. During the course of investigation of the case, the petitioner herein who was arraigned as accused No.1 in the FIR was arrested on 06.02.2019. After completion of investigation, charge sheet has been filed against the petitioner alone for the aforesaid offences. His bail application filed before the Sessions Court was rejected. Therefore, he had approached this Court in - 3 - NC: 2025:KHC:9402 CRL.P No. 1628 of 2025 Crl.P.No.6481/2019 which was dismissed vide order dated 17.10.2019 with liberty to the petitioner to file a fresh application before the trial Court under any changed circumstances in future. On the ground that there is a delay in trial, the petitioner had filed Crl.Misc.No.2790/2024 before the trial Court which was rejected on 29.01.2025. Therefore, the petitioner is before this Court. 4. Learned counsel appearing for the petitioner submits that the petitioner has no criminal antecedents. He is in custody for last more than six years. Till date, only one witness has been examined before the Trial Court. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. She however submits that there are eye witnesses to the incident in question. If petitioner is enlarged on bail he is likely to tamper with the - 4 - NC: 2025:KHC:9402 CRL.P No. 1628 of 2025 material charge sheet witnesses. Accordingly, she prays to dismiss the petition. 6. The petitioner has been arrested in the preset case on 06.02.2019 and for the last more than six years he is in custody. The prosecution in all has cited 48 charge sheet witnesses in the present case and it is submitted by the learned counsel for the petitioner that till date only one charge sheet witness has been examined. 7. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693, at paragraph 19, has observed as under: "19. 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". - 5 - NC: 2025:KHC:9402 CRL.P No. 1628 of 2025 8. Under these circumstances, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively considering the period of his incarceration. 9. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.167/2019 pending before the Court of VIII Addl. District & Sessions Judge, Bengaluru Rural arising out of Crime No.13/2019 registered by Anugondanahalli Police Station, Bengaluru District for the offences punishable under Sections 302 & 201, 427 & 506(ii) 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; - 6 - NC: 2025:KHC:9402 CRL.P No. 1628 of 2025 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 NMS