- 1 - NC: 2025:KHC:11350 CRL.P No. 2179 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2179 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. JOHN POUL S/O LATE S A JOHN, AGED ABOUT 34 YEARS, R/AT MANJUNATHA NAGARA, URIGAMPETE, KGF KOLAR DISTRICT-563120. 2. DINESH S/O SUNDAR RAJ AGED ABOUT 36 YEARS, R/AT NO.181, D BLOCK, CHAMPION STREET KGF KOLAR - 563117. …PETITIONERS (BY SRI. RAKSHITH R., ADVOCATE) AND: STATE OF KARNATAKA BY KADUGODI PS REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11350 CRL.P No. 2179 of 2025 S.C.NO.29/2021 OF KADUGODI POLICE STATION PENDING ON THE FILE OF VI ADDL. DISTRICT AND SESSIONS JUDGE AT BANGALORE RURAL FOR THE OFFENCES P/U/S 302, 34 OF IPC. 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 Nos.1 and 2 in S.C.No.29/2021, pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural, arising out of Crime No.196/2020 registered by Kadugodi Police Station, Bengaluru, for offences punishable under Sections 302 read with Section 34 of Indian Penal Code (for short 'IPC') are before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.196/2020 registered by Kadugodi Police Station, Bengaluru, for the aforesaid offences against two unknown persons on the basis of the first information dated 20.09.2020 received from Jaganathan - father of the deceased - Rajesh. 4. Learned counsel for the petitioners submits that petitioners are in judicial custody for more than 4 years 5 - 3 - NC: 2025:KHC:11350 CRL.P No. 2179 of 2025 months. They do not have any criminal antecedents. Six charge sheet witnesses have been examined till date. Accordingly, 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 petitioners. 6. Perusal of materials on record would go to show that the entire case of prosecution is based on the circumstantial evidence. Undisputedly, petitioners herein have no criminal antecedents and they are in judicial custody for more than 4 years 5 months. Though the prosecution has cited 50 charge sheet witnesses in the present case, till date, only 6 charge sheet witnesses have been examined. 7. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND 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 - 4 - NC: 2025:KHC:11350 CRL.P No. 2179 of 2025 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." 8. Under such circumstances, considering the period of incarceration and age of the petitioners, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.196/2020 registered by Kadugodi Police Station, Bengaluru, for offences punishable under Sections 302 read with Section 34 of Indian Penal Code, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - NC: 2025:KHC:11350 CRL.P No. 2179 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 47