- 1 - NC: 2025:KHC:15472 CRL.P No. 4189 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4189 OF 2025 BETWEEN: SRI MANJUNATHA @ MISHIN MANJA, S/O LATE GOVINDARAJU, AGED ABOUT 23 YEARS, R/O 3RD CROSS, SAHUKAR- CHANNAIAH BADAVANE, MANDYA CITY-571 403. …PETITIONER (BY SRI HARIPRASAD M B, ADVOCATE) AND: STATE OF KARNATAKA, BY MANDYA EAST POLICE STATION, MANDYA. REP. BY THE STATE SPECIAL PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) TO GRANT BAIL AND RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN S.C.NO.24/2021, ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS COURT AT MANDYA, FOR THE OFFENCES P/U/S.143, 147, 148, 341, 120-B, 109, 302, 201 AND 149 OF IPC. 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 NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15472 CRL.P No. 4189 of 2025 ORAL ORDER 1. Accused No.2 in S.C.No.24/2021 pending before the Court the Principal District and Sessions Judge, Mandya arising out of Cr.No.103/2020 registered at Mandya East Police Station, Mandya for the offences punishable under Section 143, 147, 148, 341, 120B, 109, 302, 201 and 149 of IPC is before this Court in this successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Cr.No.103/2020 registered by Mandya East Police Station, Mandya for the offences punishable under Section 120B, 109, 302 r/w 34 of IPC against Kamlaraj @ Appu and others based on the first information dated 30.10.2020 received from Dungamadhu-Father of the deceased Sumanth. During the course of investigation, petitioner herein was arrested on 04.11.2020. Investigation of the case is completed and charge sheet has been filed against 6 persons. Petitioner is arrayed as - 3 - NC: 2025:KHC:15472 CRL.P No. 4189 of 2025 accused No.2 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.7835/2022 which was disposed of on 03.02.2023 with liberty to the petitioner to move the trial Court after examination of material witnesses is completed. Thereafter, the petitioner had filed bail application before the trial Court in S.C.No.24/2021, which was rejected on 19.12.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that except the petitioner, all other accused have been granted bail in present case. Before the trial Court 07 witnesses have been examined as PWs.1 to 7 and the alleged eyewitnesses have not supported the case of the prosecution. The petitioner has not criminal antecedents. 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 petitioner. - 4 - NC: 2025:KHC:15472 CRL.P No. 4189 of 2025 6. A perusal of the material on record would go to show that petitioner’s name is not found in the FIR. During the course of investigation, petitioner was arrested on 04.11.2020 and after completing investigation, charge sheet has been filed against 06 persons. Petitioner’s bail application in Crl.P.No.7835/2022 was dismissed as withdrawn on 03.02.2023 with liberty to the petitioner to move the trial Court after examination of material witnesses. As per the charge sheet, CWs.2 and 3 are the alleged eyewitnesses to the incident in question. Before the trial Court, CWs.2 and 3 are examined as PW.5 and PW.2 and 5 other witnesses are also examined before the trial Court and altogether, out of the 87 charge sheet witnesses in the present case, till date prosecution has examined 07 charge sheet witnesses as PWs.1 to 7. It is not in dispute that CWs.2 and 3, who are examined as PW.5 and PW.2 respectively have not supported the case of the prosecution. The petitioner who has no other criminal antecedents is in custody for the last more than 04 years. All other accused persons have been enlarged on - 5 - NC: 2025:KHC:15472 CRL.P No. 4189 of 2025 bail. The Hon’ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND OTHERS1 in paragraph No.17 has observed as follows: "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." 7. Considering the fact that the alleged eyewitnesses have not supported the case of the prosecution and also taking into consideration the period of petitioner's incarceration, without expressing any opinion on merits and demerits, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 1 (2024) 9 SCC 813 - 6 - NC: 2025:KHC:15472 CRL.P No. 4189 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.24/2021 pending before the Court the Principal District and Sessions Judge, Mandya arising out of Cr.No.103/2020 registered at Mandya East Police Station, Mandya for the offences punishable under Section 143, 147, 148, 341, 120B, 109, 302, 201 and 149 of IPC is before this Court in the successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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:15472 CRL.P No. 4189 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 NR/- List No.: 1 Sl No.: 100