- 1 - NC: 2025:KHC:10986 CRL.P No. 2752 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2752 OF 2025 BETWEEN: YASHAVANTH NAYAKA S/O LATE NARASIMHANAYAKA AGED ABOUT 24 YEARS R/O KAREHALLI HATTI KASABA OBLI, ARASIKERE TALUK HASSAN DISTRICT PIN - 573 103. …PETITIONER (BY SRI SUYOG HERELE E, ADV.) AND: THE STATE OF KARNATAKA THROUGH ARASIKERE RURAL POLICE STATION, HASSAN DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON BAIL IN CRIME NO.111/2021 (ON THE FILE OF LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN IN S C.NO.252/2021) REGISTERED BY ARASIKERE RURAL POLICE STATION, HASSAN DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302,120B R/W 149 OF IPC. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10986 CRL.P No. 2752 of 2025 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 No.1 in S.C.No.252/2021 pending before the Court of III Addl. District and Sessions Judge, Hassan arising out of Crime No.111/2021 registered by Arsikere Rural Police Station, Hassan District for the offence punishable under Section 302 &120B R/w 149 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.111/2021 was registered by Arsikere Rural Police Station, Hassan District initially for the offence punishable under Section 302 R/w 34 of IPC against the petitioner herein and five others, on the basis of first information dated 11.08.2021 received from Ashraf Unnisa, who is the father of deceased Navas. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 12.08.2021. Investigation - 3 - NC: 2025:KHC:10986 CRL.P No. 2752 of 2025 in the case is complete and charge sheet has been filed against seven persons. The petitioner herein is arraigned as accused No.1 in the charge sheet filed for the aforesaid offence. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.252/2021 was dismissed on 26.04.2023. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that the petitioner is in custody from 12.08.2021. He has no other criminal antecedents. The case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 7. Perusal of the material on record would go to show that, accused Nos.3 to 7 have been granted bail in the present case. The petitioner who has no other criminal - 4 - NC: 2025:KHC:10986 CRL.P No. 2752 of 2025 antecedents is in custody from 12.08.2021. The case of the prosecution is based on circumstantial evidence. Out of the 32 charge sheet witnesses cited in the present case, till date only three charge sheet witnesses have been examined as PWs.1 to PW.3 8. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC OnLine SC 1693, in 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". 9. Under these circumstances, considering the period of incarceration of the petitioner, I am of the opinion that, the prayer made by the petitioner for grant - 5 - NC: 2025:KHC:10986 CRL.P No. 2752 of 2025 of regular bail needs to be answered affirmatively without expressing any opinion on merits / demerits of the case. 10. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.252/2021 pending before the Court of III Addl. District and Sessions Judge, Hassan arising out of Crime No.111/2021 registered by Arsikere Rural Police Station, Hassan District for the offence punishable under Section 302 &120B R/w 149 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 unless the Trial Court exempts his appearance for valid reasons; - 6 - NC: 2025:KHC:10986 CRL.P No. 2752 of 2025 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