- 1 - HC-KAR NC: 2025:KHC:22192 CRL.P No. 4411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4411 OF 2025 BETWEEN: B.R KANTARAJU @ KANTA S/O H RAMAKRISHNA, 38 YEARS R/O NO. 62/A, 3RD MAIN ROAD 5TH CROSS, HEALTH LAYOUT ANNAPOORNESHWARI NAGAR BANGALORE - 560 091 …PETITIONER (BY SRI. K.S. VISHWANATHA, ADVOCATE) AND: STATE OF KARNATAKA ANNAPOORNESHWARI NAGAR POLICE BANGALORE - 560 091 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.218/2021 OF ANNAPOORNESHWARI NAGAR POLICE STATION, FOR OFFENCE PUNISHABLE UNDER SECTION 302, 201 OF INDIAN PENAL CODE, WHICH IS PENDING IN SC NO. 1606/2021 ON THE FILE OF HON'BLE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE BANGALORE. Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22192 CRL.P No. 4411 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 in S.C.No.1606/2021 is pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.218/2021 registered by Annapoorneshwari Nagar Police Station, Bengaluru for offence punishable under Sections 302 and 201 of Indian Penal Code (for short 'IPC') is before this Court in the successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.218/2021 was registered by Annapoorneshwari Nagar Police Station, Bengaluru initially for offence punishable under Section 302 of IPC against the petitioner herein based on the first information dated 22.09.2021 received from Smt. Latha H.G., sister of deceased Roopa H.G. - 3 - HC-KAR NC: 2025:KHC:22192 CRL.P No. 4411 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 24.09.2021 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court was rejected and therefore, he had approached this Court in Crl.P.No.5733/2023 which was dismissed on 16.11.2023 with liberty to file a fresh petition after examination of the material charge sheet witnesses. Since there was no progress in the Trial, petitioner had filed a fresh bail application before the Trial Court in S.C.No.1606/2021, which was dismissed on 14.03.2025. Therefore, he is before this Court in the successive bail application. 5. Learned counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last nearly four years, charged in the case is yet to be framed. Case of prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:22192 CRL.P No. 4411 of 2025 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 7. Perusal of the first information as well as the charge sheet filed in the present case against the petitioner would go to show that entire case of the prosecution is based on circumstantial evidence. Petitioner who has no other criminal antecedents is in custody for last more than three years nine months. Prosecution in the present case has totally cited 56 charge sheet witnesses and case before the Trial Court is still at the stage of framing charges. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is very remote. 8. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE - 5 - HC-KAR NC: 2025:KHC:22192 CRL.P No. 4411 of 2025 SC 1693 at paragraph No.19, the Hon'ble Apex Court 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." 9. Under these circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case on the ground of petitioner's incarceration, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 10. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1606/2021, pending before - 6 - HC-KAR NC: 2025:KHC:22192 CRL.P No. 4411 of 2025 the Court of XLV Additional City Civil and Sessions Court, Bengaluru arising out of Crime No.218/2021 of Annapoorneshwari Nagar Police Station, Bengaluru registered for the offences punishable under Sections 302 and 201 of IPC, 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; d) The petitioner shall not involve in similar offences in future; - 7 - HC-KAR NC: 2025:KHC:22192 CRL.P No. 4411 of 2025 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 CR List No.: 1 Sl No.: 28