- 1 - HC-KAR NC: 2025:KHC:23602 CRL.P No. 5120 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5120 OF 2025 BETWEEN: SRI. NANJUNDAIAH, S/O LATE MARAIAH, AGED ABOUT 58 YEARS, R/O JANUR VILLAGE, CHAMARAJANAGAR DISTRICT, KARNATAKA – 571 440. …PETITIONER (BY SRI. KUMARASWAMY B N., ADVOCATE) AND: STATE OF KARNATAKA, BY KUDERU POLICE STATION, CHAMARAJANAGAR DISTRICT. (REPRESENTED BY SPP), HIGH COURT OF KARNATAKA, BENGALURU – 01. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO THE PETITIONER ON REGULAR BAIL U/S 439 CR.PC SEC.483 OF BNSS FOR THE OFFENCE P/U/S 302 OF IPC IN S.C.NO.44/2024 BEFORE THE PRL.DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGAR IN CR.NO.14/2024 FILED BY THE KUDERU P.S. CHAMARAJANAGARA DISTRICT ON 22.02.2024 WHO IS IN CUSTODY FROM LAST ONE YEAR ONE MONTH IN CONNECTION WITH THE SAID CASE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23602 CRL.P No. 5120 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 SC No.44/2024 pending before the Court of Principal District and Sessions Judge, Ramanagara, arising out of Crime No.14/2024 registered by Kuderu Police Station, Chamarajanagara, for the offence punishable under section 302 of IPC, 1860 is before this Court under section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.14/2024 was registered by Kuderu Police Station, Chamarajanagara, for the aforesaid offence against Petitioner herein based on the first information dated 22.02.2024 submitted by one Nagaraju S/o Madaiah. 4. During the course of investigation of the case, Petitioner herein was arrested on 23.02.2024 and - 3 - HC-KAR NC: 2025:KHC:23602 CRL.P No. 5120 of 2025 subsequently, remanded to judicial custody. Bail application filed by the Petitioner before the Trial Court in SC No.44/2024 was rejected on 26.10.2024 and therefore, he is before this Court seeking regular bail. 5. Learned counsel for the Petitioner submits that Petitioner has no criminal antecedents and he is aged about 58 years. He is in custody for the past more than 16 months. There is no progress in the trial and material charge sheet witnesses have been already given up before the trial Court. Accordingly, he prays to enlarge the Petitioner on bail. 6. Per contra, learned HCGP opposes the Petition on the ground that CW.2 and CW.3 are the alleged eyewitnesses to the incident and if the Petitioner is enlarged on bail he is likely to tamper with the material witnesses. 7. Smt. Chaitra - CW2 who is the daughter of the Petitioner had married one Umesh Godhi about four years - 4 - HC-KAR NC: 2025:KHC:23602 CRL.P No. 5120 of 2025 prior to the alleged date of incident and from the said wedlock, they have a child aged about 2 years. After the marriage, Umesh Godhi allegedly got addicted to alcohol and he was in the habit of abusing and assaulting his wife Chaitra (CW2) and his mother-in- law Smt. Rajamma (CW3). Petitioner is the father of CW2 and husband of CW3. On 22.02.2024 Umesh Godhi after consuming alcohol allegedly abused CW2 and CW3 using filthy language and Petitioner who got enraged by the same, allegedly assaulted him with a axe and committed his murder. 8. Petitioner aged about 58 years has no criminal antecedents and he is in custody for the last more than 16 months. Order sheet of the trial Court made available to this Court goes to show that though CW1 to CW3 were present before the Court on 29.01.2025, since the Public Prosecutor was absent, the said witnesses could not be examined and therefore, the Court has given up CW1 to CW3 and has now issued summons to CW4 to 9. Learned - 5 - HC-KAR NC: 2025:KHC:23602 CRL.P No. 5120 of 2025 counsel for the Petitioner submits that till date, CW4 to CW9 have not appeared before the trial Court. 9. From the aforesaid aspects, it is apparent that there is no progress in the case before the trial Court. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. 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". 10. Considering the aforesaid aspects of the matter, 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 is required to be answered affirmatively. Accordingly, the following:- - 6 - HC-KAR NC: 2025:KHC:23602 CRL.P No. 5120 of 2025 ORDER The Petition is allowed. SC No.44/2024 which is pending on the file of Principal District and Sessions Judge, Ramanagara, arising out of Crime No.14/2024 registered by Kuderu Police Station, Chamarajanagara, for the offence punishable under Section 302 OF IPC, 1860, 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; - 7 - HC-KAR NC: 2025:KHC:23602 CRL.P No. 5120 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 BSV/ List No.: 1 Sl No.: 27