- 1 - NC: 2025:KHC:17686 CRL.P No. 4938 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4938 OF 2025 BETWEEN: RAVIKUMARA M.R. ALIAS RAVI S/O LATE RAJEGOWDA AGED ABOUT 30 YEARS R/A MARAGOWDANAHALLI VILLAGE KASABA HOBLI, HOLENARSIPURA TALUK, HASSAN - 573 211 …PETITIONER (BY SRI. SANDEEPA S.H., ADVOCATE) AND: STATE OF KARNATAKA, BY HOLENARASIPURA RURAL POLICE STATION, HASSAN DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 009. …RESPONDENT (BY SMT. WAHEEDA .M.M., HCGP FOR RESPONDENT. NO.1 NOTICE TO R2 H/S V/O. DTD: 29/4/25) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.169/2021 (CRIME NO.62/2021 OF HOLENARASIPURA RURAL POLICE AT HOLENARASIPURA PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN FOR THE OFFENCE P/U/S 143, 147, 148, 447, 504, 324, 307, 302, 149 OF IPC BY ALLOWING THIS PETITION. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17686 CRL.P No. 4938 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in SC No.169/2021 pending before the court of III Additional District and Sessions Judge, Hassan, arising out of Crime No.62/2021 registered by the Holenarasipura Rural Police Station, Hassan District, for the offences punishable under Sections 143, 147, 148, 447, 504, 324, 307, 302 and 149 of Indian Penal Code (for short 'IPC') is before this Court in this successive bail application under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Cr.No.62/2021 was registered by Holenarasipura Rural Police Station, Hassan District for the aforesaid offences against Papani and six others based on the first information dated 24.05.2021 received from CW1-Prakash S/o late Mallegowda, who is one of the injured eye witnesses in the incident in question. - 3 - NC: 2025:KHC:17686 CRL.P No. 4938 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 27.05.2021. After completing investigation, charge sheet has been filed against five persons and the petitioner is arrayed as accused No.4 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.9003/2021, which was rejected on 16.08.2024. Subsequently, the petitioner had filed Crl.P.No.7413/2022, which was also dismissed on 26.09.2022. Thereafter, the trial in the case has commenced and the material charge sheet witnesses are examined. Petitioner is now before this Court in this successive bail application on the ground, there is a delay in trial and also in view of the change in circumstances. 5. Learned counsel for the petitioner submits that there is a case and counter case in Cr.No.62/2021 and Cr.No.63/2021 registered by the very same police station in respect of the alleged incident that had taken place on 24.05.2021. Incident had taken place in the background of the civil dispute between the parties. Accused No.1-Papani as against whom abetted charge sheet has been filed in the - 4 - NC: 2025:KHC:17686 CRL.P No. 4938 of 2025 present case had allegedly stabbed Mallesh, Manju and Ravikumar, who are the deceased in the present case. Allegation as against the petitioner is that he had assaulted CW1-Prakash, who has suffered only simply injuries in the incident in question. Accused No.1 - Papani in the present case also had suffered grievous injury as a result of assault made by Bhanuprakash, who is arrayed as sole accused in Cr.No.63/2021 and Papani had also died at the spot of incident. Bhanuprakash has been granted regular bail by the co-ordinate Bench of this Court in Crl.P.No. 5183/2021. The petitioner has no criminal antecedent. Accordingly, prays to allow the petition. 6. Per contra, learned ASPP, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. However, she submits that three persons have died in the present case and the trial is under progress. Accordingly, prays to dismiss the petition. 7. Perusal of the material on record would go to show that there is a civil dispute between the two parties and the incident in question had taken place at about 3.00 pm., on 24.05.2021 in the background of the said civil dispute. - 5 - NC: 2025:KHC:17686 CRL.P No. 4938 of 2025 Allegation of assaulting and stabbing Mallesh, Manju and Ravikumar, who are the three deceased persons in the present case is as against accused No.1-Papani and also against other accused persons. There is no allegation as against the petitioner about he assaulting the aforesaid three deceased persons in the alleged incident in question. As against the petitioner, who is arrayed as accused No.4 in the charge sheet, there is an allegation of assaulting CW1-Prakash with a club on his head. 8. Material on record would go to show that CW1- Prakash had suffered only simple injury as a result of assault made by the petitioner on his head. CW1 is the person who had taken the injured Mallesh, Manju and Ravikumar to the hospital, but the doctors in the hospital had declared that all the aforesaid three injured were brought dead to the hospital. In the incident in question that had taken place on 24.05.2021, after accused No.1-Papani had stabbed the aforesaid three deceased persons, Bhanuprakash, who is arrayed as the sole accused in Cr.No.63/2021 registered by the very same police station, had stabbed Papani with a knife and committed his murder. Bhanuprakash, who is the sole accused in - 6 - NC: 2025:KHC:17686 CRL.P No. 4938 of 2025 Cr.No.63/2021 has been granted regular bail by the co-ordinate Bench of this Court in Crl.P.No.5183/2021 disposed of on 29.09.2021. Undisputedly, the petitioner has no other criminal antecedent and he is in custody for the last four years. During the course of trial, 6 charge sheet witnesses have been examined before the Trial Court as PW1 to PW6. CW1-Prakash who was allegedly assaulted by the petitioner herein on his head in the incident in question has been examined before the Trial Court as PW1. Therefore, material charge sheet witness, who has suffered injury as a result of assault made by the petitioner has been already examined in the present case. The prosecution in all has cited 64 charge sheet witnesses in the present case and out of the same, till date only 6 charge sheet witnesses are examined. The petitioner who has no criminal antecedent is in custody for the last nearly four years. 9. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, has observed as follows: "19. If the State or any prosecuting agency including the Court concerned has no wherewithal to - 7 - NC: 2025:KHC:17686 CRL.P No. 4938 of 2025 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." 10. Considering the nature of allegation against the petitioner in the charge sheet and also considering the fact that the petitioner who has no criminal antecedent is in custody for the last nearly about four years, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.62/2021 registered by the Holenarasipura Rural Police Station, Hassan District, for the offences punishable under Sections 143, 147, 148, 447, 504, 324, 307, 302 and 149 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 8 - NC: 2025:KHC:17686 CRL.P No. 4938 of 2025 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; 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 BH List No.: 1 Sl No.: 33