- 1 - NC: 2025:KHC:15200 CRL.P No. 2867 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2867 OF 2025 BETWEEN: RAKESH @ RAKU S/O LATE ANANDH AGED ABOUT 21 YEARS, R/AT NO. 20 RAMAKRISHNA SEVA NAGARA 7TH MAIN SRIRAMAPURA BENGALURU CITY – 560 021. …PETITIONER (BY SRI. VINOD N, ADVOCATE) AND: STATE BY SESHADRIPURAM POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. …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 I.E., ACCUSED NO.15 ON BAIL IN SC.NO.346/2023 I.E., CRIME NO.128/2022 REGISTERED BY THE SESHADRIPURAM POLICE PENDING ON THE FILE OF THE COURT LXI ADDL. CITY CIVIL SESSIONS JUDGE, BENGALURU AND ETC., 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 SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15200 CRL.P No. 2867 of 2025 ORAL ORDER Learned counsel for the petitioner after arguing the matter for sometime submits that the petitioner who is arrayed as accused No.15 in the charge sheet is a youngster having no criminal antecedents. He is in custody from 27.09.2022 onwards. Though trial in this case has commenced, efforts are not made to examine the material charge sheet witnesses, namely, CWs.4, 32, 35 to 37 on priority before the Trial Court. In the said event there could be a delay in completion of the trial. Therefore, he submits that the petition may be dismissed as not pressed with a direction to the Trial Court to examine the material charge sheet witnesses on priority. 2. Learned HCGP who has opposed the petition on merits does not oppose the prayer now made by the learned counsel for the petitioner and submits that the efforts will be made before the Trial Court to examine the aforesaid charge sheet material witnesses on priority. 3. Submission made on both sides are placed on record. - 3 - NC: 2025:KHC:15200 CRL.P No. 2867 of 2025 4. Petition is dismissed as not pressed with liberty to the petitioner to file a fresh petition after examination of the aforesaid charge sheet witnesses is completed before the Trial Court. 5. Considering petitioner's incarceration and also his age, the Trial Court as well as the prosecution are requested to examine the material charge sheet witnesses, namely, CWs.4, 32, 35 to 37 on priority before the Trial Court. SD/- (S VISHWAJITH SHETTY) JUDGE UN List No.: 1 Sl No.: 51