- 1 - HC-KAR NC: 2025:KHC:18499 CRL.P No. 2142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2142 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: SRI SATHISHA S/O SANNAT HAMMAIAH AGED ABOUT 40 YEARS AGRICULTURIST MADHURANAHALLI VILALGE ARAKALAGUD T ALUK HASSAN - 573 142. …PETITIONER (BY SRI RAJA K.P, ADV.) AND: STATE BY SALIGRAMA P.S REPRESENTED BY HIGH COURT OF KARNATAKA, AT BANGLAORE /SPP BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGUALR BAIL IN S.C.NO.237/2023 ARISING OUR OF CRIME NO.68/2023 FOR THE OFFENCES P/U/S 302 AND 201 OF IPC OF SALIGRAMA POLICE STATION, WHICH IS PENDING BEFORE THE LRD. COURT OF VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18499 CRL.P No. 2142 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.237/2023 pending before the Court of VIII Addl. District & Sessions Judge, Mysuru (sitting at Hunsur) arising out of Crime No.68/2023 registered by Saligrama Police Station, Mysuru City for the offences punishable under Sections 302 & 201 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.68/2023 was registered by Saligrama Police Station, Mysuru initially for the offences punishable under Sections 302, 201, 114 R/w 34 of IPC against the petitioner herein and two others, on the basis of first information dated 25.04.2023 received from Smt. Mahadevi W/o deceased Ravi. During the course of investigation, the petitioner herein was arrested on 20.05.2023 and subsequently remanded to judicial - 3 - HC-KAR NC: 2025:KHC:18499 CRL.P No. 2142 of 2025 custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.237/2023 was dismissed on 30.12.2024. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that entire case of the prosecution is based on circumstantial evidence. The petitioner, who has no other criminal antecedents is in custody for the last more than two years. Trial in the case is yet to commence. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that, there are strong circumstances available against the petitioner and his bail application in Crl.P.No.13814/2023 was rejected on 26.03.2024. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:18499 CRL.P No. 2142 of 2025 7. Perusal of the material on record would go to show that, after the dead body of deceased Ravi was found, initially UDR case under Section 174(c) of Cr.P.C was registered in UDR No.7/2023 and after a delay of about three months, since the wife of deceased Ravi suspected the hands of the petitioner and two others in the death of her husband she had approached the police and submitted first information on 25.04.2023, based on which, FIR was registered against the petitioner and two others. 8. During the course of investigation, the petitioner was arrested on 20.05.2023 and after completing investigation, charge sheet has been filed against him for the aforesaid offences. As per charge sheet allegation, the petitioner had ill-will against the deceased Ravi since they had a dispute with regard to a site adjacent to their house. It is in this background, the petitioner allegedly had taken Ravi along with him on 31.01.2023 and after make him consume alcohol, the - 5 - HC-KAR NC: 2025:KHC:18499 CRL.P No. 2142 of 2025 petitioner allegedly quarreled with Ravi and thereafter assaulted him with his hands and legs. When deceased Ravi fell down, his head allegedly dashed against a cement block and thereby he suffered injuries. Subsequently, the petitioner came back to his house and on the next day, dead body of deceased was found. 9. The allegation in the charge sheet is that dead body of deceased was recovered at the instance of the petitioner and it is in his background, it appears that wife of deceased Ravi suspected the hands of the petitioner in the death of her husband. Undisputedly, the entire case of the prosecution is based on circumstantial evidence. The petitioner, who has no other criminal antecedents is in custody for the last more than two years. Trial in the case is yet to commence. The prosecution in all has cited 43 charge sheet witnesses. 10. The Hon'ble Apex Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND - 6 - HC-KAR NC: 2025:KHC:18499 CRL.P No. 2142 of 2025 ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19 has observed as follows: "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". 11. Though the petitioner's earlier bail application in Crl.P.No.13814/2023 was rejected on 26.03.2024 there is no progress in the trial before the Trial Court and even after lapse of one year from the date of dismissal of the petitioner's earlier bail application trial in the case has not commenced. Under these circumstances, I am of the opinion that considering the fact that the petitioner is in custody for the last more than two years and the entire case of the prosecution is based on circumstantial - 7 - HC-KAR NC: 2025:KHC:18499 CRL.P No. 2142 of 2025 evidence, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 12. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.237/2023 pending before the Court of VIII Addl. District & Sessions Judge, Mysuru (sitting at Hunsur) arising out of Crime No.68/2023 registered by Saligrama Police Station, Mysuru City for the offences punishable under Sections 302 & 201 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 8 - HC-KAR NC: 2025:KHC:18499 CRL.P No. 2142 of 2025 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