- 1 - NC: 2025:KHC:15198 CRL.P No. 3228 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3228 OF 2025 BETWEEN: RAMAKRISHNA @ RAMA S/O PERIYAR SWAMY AGED ABOUT 23 YEARS, R/A, C/O MANJULA, 2ND CROSS, AREHALLI, UTTARAHALLI, BENGALURU – 560 061. (PETITIONER/ACCUSED NO.4 IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. VEERANNA G.TIGADI, ADVOCATE FOR SRI. RAMESHA H N, ADVOCATE) AND: STATE OF KARNATAKA BY SUBRAMANYAPURA P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SMT. PUSHAPALATHA B, ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN CRIME NO.103/2023 REGISTERED BY THE SUBRAMANYAPURA POLICE FOR THE ALLEGED OFFENCE P/U/S 341, 302, 307, 504, 149 OF IPC ON THE FILE OF THE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-62) IN S.C.NO.1664/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15198 CRL.P No. 3228 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in S.C No.1664/2023 pending before the Court of LXI Additional City Civil and Sessions Judge, Bengaluru (CCH-62) arising out of Crime No.103/2023 registered by Subramanyapura Police Station, Subramanyapura Sub Division, Bengaluru, for the offences punishable under Sections 341, 302, 307, 504 r/w 149 of the Indian Penal Code, is before this Court in the successive bail application filed under Section 439 of the Code of Criminal Procedure. 2. Heard the learned counsel for the parties. 3. FIR came to be registered in Crime No.103/2023 by Subramanyapura Police Station, Subramanyapura Sub Division, Bengaluru, against Manjunath alias Follard and others for the aforesaid offences, based on the first information received from Kavitha on 10.04.2023 sister of deceased Shivaraj. 4. During the course of investigation, petitioner was arrested on 11.04.2023 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against six accused persons. Petitioner is - 3 - NC: 2025:KHC:15198 CRL.P No. 3228 of 2025 arraigned as accused No.4 in the charge sheet. His bail application filed before the Sessions Court was rejected earlier. Therefore, he had approached this Court in Crl.P No.8924/2024 which was dismissed as not pressed on 20.09.2024 with liberty to the petitioner to file a fresh petition after CW-2 and CW-3 are examined before the Trial Court. Thereafter, the petitioner had once again approached this Court in Crl.P No.11566/2024 and even the said petition was dismissed as not pressed with liberty to the petitioner to review his bail application after CW-2 and CW.3 are examined before the Trial Court. It is under these circumstances, the petitioner is before this Court in successive bail application filed under Section 439 of the Code of Criminal Procedure. 5. Learned counsel for the petitioner submits that the petitioner is a youngster aged about 23 years having no criminal antecedents. He is in custody for the last two years. Before the Trial Court, till date, charges have not been framed in spite of the order passed by this Court in Crl.P No.8924/2024 and Crl.P No.11566/2024. He submits that accused Nos.1 to 3 and 6 have been enlarged on bail in the present case. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:15198 CRL.P No. 3228 of 2025 6. Per contra, the learned Additional State Public Prosecutor opposes the petition, but does not dispute the submission made by the learned counsel for the petitioner. 7. As per the charge sheet allegations, accused No.1 had vengeance against deceased Shivaraj who was a rowdy sheeter and therefore, he intended to teach him a lesson. On 09.04.2023, accused No.1 saw the deceased consuming alcohol in the local bar and confronted the deceased inside the local bar and they assaulted each other with their hands. Thereafter, when the deceased Shivaraj came out of the bar, accused No.1 allegedly instigated accused Nos.2 to 6 to assault deceased Shivaraj and accordingly, accused Nos.2 to 6 assaulted the deceased Shivaraj with beer bottles and when he fell down, they dropped a stone on his head and committed his murder. Accused Nos.1 to 3 and 6 have already been granted regular bail by this Court in Crl.P Nos.7405/2024, 226/2024 and 10029/2024. Undisputedly, the petitioner has no criminal antecedents. He is in custody for the last two years. The order sheet of the Trial Court, that is made available by the learned counsel for the petitioner, would go to show that till date even - 5 - NC: 2025:KHC:15198 CRL.P No. 3228 of 2025 charges are not framed though this Court has reserved liberty in Crl.P.Nos.8924/2024 and 11566/2024, to file fresh bail application after CW-2 and CW-3 are examined. 8. The Hon’ble Supreme Court in the case of JAVED GULAM NABI SHAIKH v. STATE OF MAHARASHTRA reported in (2024) 9 SCC 813 held in paragraph No.17, which reads as under: "17. 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. The prosecution, in all has cited 57 charge sheet witnesses in the present case and till date, charge has not been framed by the Trial Court. - 6 - NC: 2025:KHC:15198 CRL.P No. 3228 of 2025 10. Considering the period of incarceration of the petitioner who has no criminal antecedents, I am of the opinion that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 11. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.103/2023 registered by the Subramanyapura Police Station, Subramanyapura Sub Division, Bengaluru for the offences punishable under Sections 341, 302, 307, 504 r/w 149 of IPC, subject to the following conditions: a) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - NC: 2025:KHC:15198 CRL.P No. 3228 of 2025 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 him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE UN List No.: 1 Sl No.: 56