- 1 - NC: 2025:KHC:17320 CRL.P No. 5618 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. 5618 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SUMAN @ SUMAN, S/O GOPALA KRISHNA, AGED ABOUT 27 YEARS, R/AT NO.19/1, 2ND CROSS, VADDARAPALYA, UTTARAHALLI HOBLI, NEAR ARALI MARA, VASANTHAPURA, SUBRAMANYAPURA POST, BENGALURU-560 061. …PETITIONER (BY SRI. RAMESHA H. N.,ADVOCATE) AND: STATE OF KARNATAKA BY SUBRAMANYAPURA P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.5 ON BAIL IN CR.NO.103/2023 REGISTERED BY THE SUBRAMANYAPURA P.S., FOR THE OFFENCES P/U/S 341,302,307,504,149 OF IPC, ON THE FILE OF THE LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-62), IN SC.NO.1664/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:17320 CRL.P No. 5618 of 2025 ORAL ORDER Accused No.5 in S.C.No.1664/2023 pending before the Court of LXI Additional City Civil and Sessions Judge, Bangalore (CCH-62), arising out of Crime No.103/2023 registered by Subramanyapura Police Station, Bangalore, for offences punishable under Section 341, 302, 307, 504 R/w 149 of Indian Penal Code (for short 'the IPC') is before this Court in this successive bail application under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that petitioner had earlier approached this Court in Crl.P.No.6053/2024, which was dismissed as not pressed with liberty to the petitioner to approach this Court afresh after examination of CWs.2 and 3 is completed before the Trial Court. Similar order was passed even in the bail application filed by accused No.4 in Crl.P.No.11566/2024. Accused No.4 has been subsequently granted regular bail by this Court in Crl.P.No.3228/2025 disposed of on 09.04.2025, on the ground of delay in trial. Petitioner has no other criminal antecedent. On the ground of parity, petitioner is entitled for bail. - 3 - NC: 2025:KHC:17320 CRL.P No. 5618 of 2025 4. Per contra, learned High Court Government Pleader who has opposed the petition doesnot dispute the submission made by the learned counsel for the petitioner. 5. Accused No.4 as against whom similar allegations are found in the charge sheet had approached this Court in Crl.P.No.11566/2024, which was dismissed as withdrawn with liberty to review his bail application after CWs.2 and 3 are examined before the Trial Court. On the ground of delay in trial, accused No.4 has been now granted bail by this Court in Crl.P.No.3228/2025. Accused Nos.4 and 5 were arrested on 11.04.2023. Considering the fact that the prosecution has cited 57 charge sheet witnesses in the present case and the case before the Trial Court is still at the stage of framing charge accused No.4 has been granted bail in Crl.P.No.3228/2025. 6. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA reported in (2024) 9 SCC 813 held in paragraph No.17, has observed as follows: "17. If the State or any prosecuting agency including the Court concerned has no wherewithal to provide or protect the fundamental right of an accused - 4 - NC: 2025:KHC:17320 CRL.P No. 5618 of 2025 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." 7. The petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion on the ground of parity, 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.103/2023 registered by Subramanyapura Police Station, Bangalore, for offences punishable under Section 341, 302, 307, 504 R/w 149 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; - 5 - NC: 2025:KHC:17320 CRL.P No. 5618 of 2025 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.: 2 Sl No.: 6