- 1 - NC: 2025:KHC:11900 CRL.P No. 2177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2177 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: DHANUSH R. @ DADIYA S/O LATE REVANNA, AGED ABOUT 23 YEARS, R/AT NO 105, 5TH CROSS, 5TH MAIN, PADMANABHANAGARA, BANGALORE - 560085 …PETITIONER (BY SRI. CHANDRAPPA K. N., ADVOCATE) AND: THE STATE OF KARNATAKA BY C K ACHUKATTU POLICE, BANGALORE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 439 OF CODE OF CRIMINAL PROCEDURE IN (CR.NO.72/2021) S.C.NO.1440/2021 AT C.K. ACHUKATTU POLICE STATION OFFENCE P/U/S 302 R/W 34 OF IPC, PENDING ON THE FILE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-65). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11900 CRL.P No. 2177 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.1440/2021 pending before the Court of LXIV Additional City Civil Sessions Judge, Bengaluru arising out of Crime No.72/2021 registered by Channammanakere Achukattu Police Station, Bengaluru, for offences punishable under Sections 302 read with Section 34 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC is seeking regular bail. 2. Heard learned counsels for the parties. 3. FIR in Crime No.72/2021 registered by Channammanakere Achukattu Police Station, Bengaluru, against unknown persons for offences punishable under Sections 201 and 302 of IPC on the basis of the first information dated 24.03.2021 received from Jagadish - brother of deceased - Manjunatha. - 3 - NC: 2025:KHC:11900 CRL.P No. 2177 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 27.03.2021 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against three persons and the petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner in S.C.No.1440/2021 before the Jurisdictional Sessions Court was rejected on 16.01.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner is in custody for the last four years. Case of prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that CWs-2 and 3, who are the material charge sheet witnesses have supported the case of prosecution. Accordingly, he prays to dismiss the petition. - 4 - NC: 2025:KHC:11900 CRL.P No. 2177 of 2025 7. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons. During the course of investigation, accused Nos. 2 and 3 were arrested on 26.03.2021 and it appears that based on their confession statement, petitioner was arrested on 27.03.2021. Investigation of the case is completed and charge sheet is filed against three persons. Petitioner is arrayed as accused No.1 in the charge sheet. In the charge sheet, it is alleged that, deceased was in the habit of ill-treating the petitioner and therefore, petitioner had vengeance against him. On 23.01.2021, petitioner had gone to a Bar & Restaurant to consume alcohol and the deceased who was present in the said Bar & Restaurant, allegedly abused and assaulted the petitioner and therefore, petitioner allegedly decided to eliminate the deceased. After returning home, he allegedly conspired with accused Nos. 2 and 3 to commit the murder of deceased and at about 10.30 pm on 23.01.2021, accused Nos. 1 to 3 had gone to the house of deceased who was sleeping and after entering into his - 5 - NC: 2025:KHC:11900 CRL.P No. 2177 of 2025 house, accused No.1 allegedly assaulted the deceased with a iron hammer and accused Nos.2 and 3 allegedly assaulted deceased with iron rod and accused No.2 also assaulted the neck of the deceased with a blade and committed his murder. Entire case of prosecution is based on circumstantial evidence. Petitioner is in custody for the last nearly four years. Out of the 38 charge sheet witnesses cited in the present case, till date, only 12 charge sheet witnesses have been examined. 8. 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 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 - NC: 2025:KHC:11900 CRL.P No. 2177 of 2025 9. Considering the nature of allegations found against the petitioner in the charge sheet and also the period of incarceration of the petitioner, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.72/2021 registered by Channammanakere Achukattu Police Station, Bengaluru, for offences punishable under Sections 302 read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute 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 - 7 - NC: 2025:KHC:11900 CRL.P No. 2177 of 2025 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; e) The petitioner 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.: 50