- 1 - HC-KAR NC: 2025:KHC:21347 CRL.P No. 6811 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6811 OF 2025 BETWEEN: PRADEEPA M R S/O RAJEGOWDA AGED ABOUT 27 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) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.169/2021 (CR.NO.62/2021) OF HOLENARASILPURA 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 AND 149 OF IPC, BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21347 CRL.P No. 6811 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 1. Accused No.2 in SC No.169/2021 pending before the Court of III Addl. District and Sessions Judge, Hassan, arising out of Crime No.62/2021 registered by Holenarasipura Rural Police Station, Hassan, for the offences punishable under Sections 143, 147, 148, 447, 504, 324, 307, 302 and 149 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.62/2021 was registered by Holenarasipura Rural Police Station, Hassan, for the aforesaid offences against Papani and others based on the first information dated 24.05.2021 received from Prakash (CW1) S/o late Mallegowda, who is one of the injured witness in the present case. During the course of investigation, petitioner herein, who was arraigned as accused No.2 in the FIR was arrested on 27.05.2021. After completing investigation, charge - 3 - HC-KAR NC: 2025:KHC:21347 CRL.P No. 6811 of 2025 sheet has been filed against five persons and petitioner is arraigned as accused No.2 in the charge sheet. As against accused No.1 abated charge sheet has been filed in the present case. Bail application filed by the petitioner before the jurisdictional Sessions Court was rejected. Therefore, he had approached this Court in Crl.P.No.10185/2023, which was rejected on merits by the Co-ordinate Bench of this Court on 10.04.2024 directing the Trial Court to dispose of the case expeditiously. Since there is no progress in the trial, petitioner is before this Court in this successive bail application alleging that there is an inordinate delay in conducting the trial. 4. Learned counsel for the petitioner submits that allegation of assaulting the deceased with a knife is found in the charge sheet as against accused No.1, who has died. Insofar as petitioner is concerned, allegation against him is that he had assaulted the deceased with a spanner. The material charge sheet witness have been already examined before the Trial Court and there is no progress before the Trial Court thereafter. Accused No.4 has been granted regular bail by this Court in Crl.P.No.4938/2025 disposed of on 29.04.2025. Petitioner has - 4 - HC-KAR NC: 2025:KHC:21347 CRL.P No. 6811 of 2025 no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has seriously opposed the petition. She submits that there are eye witnesses to the incident in question and they have supported the case of the prosecution. Petitioner has played a prime role in committing the crime. Accordingly, she prays to dismiss the petition. 6. 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 15.00 hours on 24.05.2021. In the background of the aforesaid civil dispute, the parties had fought against each other and the allegation of assaulting and stabbing Mallesha, Manjesha, Ravikumar, who are the three deceased persons in the present case is against accused No.1 Papani, who had allegedly used a knife to assault the deceased. Insofar as petitioner is concerned, the allegation is that he had assaulted the deceased with a spanner. Post Mortem Report of the deceased would go to show that two of them had died as a result of stab injuries and the other had died as a result of chop injuries suffered by them. Petitioner has not used any sharp - 5 - HC-KAR NC: 2025:KHC:21347 CRL.P No. 6811 of 2025 weapon to assault the deceased and therefore, the fatal injuries suffered by the deceased could not have been caused by him. 7. The material on record would go to show that 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. Bhanu Prakash, who is arraigned as sole accused in the counter case registered in Crime No.63/2021 had stabbed Papani with a knife and committed his murder. Bhanu Prakash, who is the sole accused in Crime 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. During the course of trial in the present case, six charge sheet witnesses have been examined as PW1 to PW6 out of 64 charge sheet witnesses cited in the present case. The material charge sheet witness Prakash (CW1) has been already examined before the Trial Court as PW1. Therefore, there cannot be any apprehension that if the petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Undisputedly, petitioner has no other criminal antecedents and he is in custody for the last more than four years. - 6 - HC-KAR NC: 2025:KHC:21347 CRL.P No. 6811 of 2025 8. 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". 9. In the case on hand, till date only six charge sheet witnesses are examined out of 64 charge sheet witnesses and therefore, it is apparent that the chances of the trial being concluded and the case being disposed of on merits in the near future is very remote. Considering the aforesaid aspects of the matter, accused No.4 has been granted regular bail by this Court in Crl.P.No.4938/2025 disposed of on 29.04.2025. Under the circumstances, I am of the opinion that without expressing any opinion on merits and demerits of the case, the prayer - 7 - HC-KAR NC: 2025:KHC:21347 CRL.P No. 6811 of 2025 made by him in the petition for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 10. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.169/2021 pending before the Court of III Addl. District and Sessions Judge, Hassan, arising out of Crime No.62/2021 registered by Holenarasipura Rural Police Station, Hassan, for the offences punishable under Sections 143, 147, 148, 447, 504, 324, 307, 302 and 149 of IPC, subject to the following conditions: a) Petitioner shall execute a 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; - 8 - HC-KAR NC: 2025:KHC:21347 CRL.P No. 6811 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 DN List No.: 1 Sl No.: 59