- 1 - NC: 2025:KHC:17444 CRL.P No. 5146 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5146 OF 2025 BETWEEN: MR. CHETHAN H.S. @ MAALA, S/O. SRINIVAS, AGED ABOUT 23 YEARS, RESIDING AT HALASINAMARADODDI VILLAGE, SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …PETITIONER (BY SRI. BIPIN HEDGE, FOR SRI. RAKESH KINI, ADVOCATE) AND: THE STATE OF KARNATAKA BY SATHANUR POLICE STATION, KANAKAPURA TALUK, RAMANAGARA DISTRICT, REPRESENTED BY SPP, 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 BNSS) PRAYING TO ENLARGE ON BAIL IN CRIME NO.326/2022 ON THE FILE OF SATHNOOR POLICE STATION, FOR THE OFFENCE P/U/S 143, 147, 302, 447, 427, 504, 506, 149 OF IPC (DOCUMENT NO.3). THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17444 CRL.P No. 5146 of 2025 ORAL ORDER Accused No.3 in S.C.No.5032/2023 pending before the Court of II Additional District and Sessions Judge, Ramanagar, Sitting at Kanakapura, arising out of Crime No.326/2022 registered by Sathanoor Police Station, Ramanagara, for offences punishable under Sections 143, 147, 302, 447, 427, 504, 506 read with Section 149 of the Indian Penal Code (for short, 'IPC') is before this Court in this 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.326/2022 was registered by Sathanoor Police Station, Ramanagara against Gopala and 8 others for the aforesaid offences on the basis of the first information dated 22.12.2022 received from Shanthamma w/o Late Ramesh. Petitioner herein who was arrayed as accused No.3 in the FIR was arrested on 27.12.2022 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons. Petitioner is arrayed as accused No.3 in the charge sheet. Bail application - 3 - NC: 2025:KHC:17444 CRL.P No. 5146 of 2025 filed by the petitioner before the Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.8660/2023 which was dismissed on 02.11.2023. Petitioner had once again approached this Court in Crl.P.No.4225/2024 which was dismissed by the co-ordinate Bench of this Court vide order dated 05.07.2024 reserving liberty to the petitioners to file a fresh bail application before the Sessions Court. Thereafter, petitioner had filed a fresh bail application in Crl.Misc.No.5204/2024 before the Jurisdictional Sessions Court, which was rejected on 14.08.2024. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner submits that petitioner who is a youngster aged about 23 years having no criminal antecedents is in custody for last nearly 2½ years. Out of the 63 charge sheet witnesses, till date, only 2 charge sheet witnesses have been examined. Therefore, on the ground of delay in trial, petitioner's prayer for grant of regular bail may be considered. 5. Per contra, learned High Court Government Pleader who has opposed the petition submits that, there are eye- - 4 - NC: 2025:KHC:17444 CRL.P No. 5146 of 2025 witnesses to the incident in question. In the event if he is enlarged on bail, he is likely to tamer with the prosecution witnesses. Accordingly, she prays to dismiss the petition. 6. Petitioner who was arrayed as accused No.3 in the FIR which was filed as against 9 accused persons was arrested on 27.12.2022. During the course of investigation of the case, four accused persons were arrested and charge sheet is now filed against four arrested accused, reserving liberty to the prosecution to file supplementary charge sheet as against the other absconding accused. 7. Learned counsel for the petitioner has brought to the notice of this Court that, till date, no supplementary charge sheet has been filed in the present case. It is not in dispute that petitioner has no other criminal antecedents. He is in custody from 27.12.2022. Out of the 63 charge sheet witnesses cited by the prosecution in the present case, till date, only 2 charge sheet witnesses have been examined as PWs.1 and 2. Therefore, there are no chances of the trial being completed and case being disposed of on merits in the near soon. - 5 - NC: 2025:KHC:17444 CRL.P No. 5146 of 2025 8. 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 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 such circumstances, 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 on the ground of his period of incarceration. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.326/2022 registered by Sathanoor Police Station, Ramanagara, for offences punishable under Sections 143, 147, - 6 - NC: 2025:KHC:17444 CRL.P No. 5146 of 2025 302, 447, 427, 504, 506 read with Section 149 of IPC, subject to the following conditions: a) The 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; 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 SPV