- 1 - NC: 2025:KHC:17319 CRL.P No. 5625 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5625 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MADANA C. Y., S/O YOGEGOWDA @ YOGANANDA AGED ABOUT 21 YEARS (27 YEARS AS ON TODAY) R/AT CHIKKADE VILLAGE, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434. …PETITIONER (BY SMT. RAKSHA KEERTHANA, ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE) AND: STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE/RELEASE THE PETITIONER ON REGULAR BAIL IN SC.NO.5033/2019 (CR.NO.48/2019) OF RESPONDENT PANDAVAPURA P.S., FOR THE OFFENCES P/U/S 143,147,324,114,302,307 R/W 149 OF IPC, PENDING ON THE FILE OF HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE, AT MANDYA, SITTING AT SRIRANGAPATANA. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17319 CRL.P No. 5625 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 No.2 in S.C.No.5033/2019 pending before the Court of III Additional District and Sessions Judge, Mandya Sitting at Srirangapatna, arising out of Crime No.48/2019 registered by Pandavapura Police Station, Mandya, for offences punishable under Section 143, 147, 324, 114, 302, 307 R/w Section 149 of IPC 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.48/2019 was registered by Pandavapura Police Station, Mandya, initially for offences punishable under Section 143, 147, 324, 307, 302 R/w 149 of IPC against Devegowda and five others based on the first information dated 19.02.2019 received from Swamygowda C.V. (CW.1). During the course of investigation, petitioner herein was arrested on 23.02.2019. After completing investigation, charge sheet has been filed against six persons. Petitioner is arrayed as accused No.2 in the charge sheet. His bail - 3 - NC: 2025:KHC:17319 CRL.P No. 5625 of 2025 application filed before the Trial Court in SC No.5033/2019 was rejected on 10.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused No.1 was granted regular bail by this in Crl.P.No.4013/2025 on the ground of delay in trial. Accused Nos.3 to 5 as against whom there is an allegation of assaulting deceased are also granted regular bail. Accused No.6, as against whom there is an allegation of instigating the other accused has been enlarged on bail by the Sessions Court. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition submits that the petitioner is a person with criminal antecedent and accordingly prays to dismiss the petition. 6. The petitioner is in custody in the present case from 23.02.2019 onwards. There is an allegation as against accused Nos.1 to 5 about assaulting the deceased with deadly weapons. Accused No.1 was granted regular bail by this Court in Crl.P.No.4013/2025, considering the period of his incarceration. Accused No.3 and 6 have been granted regular bail by the - 4 - NC: 2025:KHC:17319 CRL.P No. 5625 of 2025 Jurisdictional Sessions Court and accused Nos.4 and 5 have been granted regular bail by the Coordinate Bench of this Court. Undisputedly, petitioner has been granted regular bail in the other criminal case, which was earlier registered against him for the offence punishable under Section 307 of IPC. So far as the present case is concerned, he is in custody for the last more than 6 years. 7. 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." 8. Out of the 68 charge sheet witnesses cited in the present case, till date, only 9 charge sheet witnesses have been - 5 - NC: 2025:KHC:17319 CRL.P No. 5625 of 2025 examined. Under the circumstances, considering the period of petitioner's incarceration, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.48/2019 registered by Pandavapura Police Station, Mandya, for offences punishable under Section 143, 147, 324, 114, 302, 307 R/w 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; - 6 - NC: 2025:KHC:17319 CRL.P No. 5625 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 BH List No.: 2 Sl No.: 7