- 1 - HC-KAR NC: 2025:KHC:21987 CRL.P No. 7642 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7642 OF 2025 BETWEEN: JAGADISHA R.N S/O NAGARAJU AGED ABOUT 39 YEARS R/A SHANTINAGARA, BELURU TOWN HASSAN DISTRICT - 573 115. …PETITIONER (BY SRI SANDEEPA S.H, ADV. AND: STATE OF KARNATAKA BY BELURUN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN S.C.NO.295/2022 (CRIME NO.138/2022) OF BELUR POLICE AT HASSAN, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN, FOR THE OFFENCE P/US/ 302,109,34 OF IPC BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21987 CRL.P No. 7642 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.295/2022 pending before the Court of II Addl. District and Sessions Judge, Hassan, arising out of Crime No.138/2022 registered by Belur Police Station, Hassan, for the offences punishable under Sections 302, 109 and 34 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.138/2022 was registered by Belur Police Station, Hassan for the aforesaid offences against petitioner herein based on the first information dated 20.07.2022 received from Gangadharappa S/o late V. Thippanna. During the course of investigation, petitioner herein was arrested on 29.07.2022 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.4083/2023 which was - 3 - HC-KAR NC: 2025:KHC:21987 CRL.P No. 7642 of 2025 dismissed on 12.07.2023. Subsequently, he had once again approached this Court in Crl.P.No.11474/2024 which was dismissed as not pressed on 08.01.2025 with a direction to the Trial Court to expeditiously dispose of the case. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that material charge sheet witnesses have been already examined in the present case. CW1 and CW2 have completely turned hostile to the case of the prosecution. Petitioner is in custody for the last nearly three years. Out of 46 charge sheet witnesses cited in the present case only five charge sheet witnesses are examined as on this date. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP has seriously opposed the petition. She submits that petitioner has committed the murder of his wife as against whom he had ill will. Petitioner had a strong motive and he has committed the murder heinously. Accordingly, she prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:21987 CRL.P No. 7642 of 2025 6. First information is submitted by CW1 Gangadharappa based on the first information received by him from CW3 Bhagya, who is the owner of the house in which deceased Aswini was staying after she had separated from the petitioner. Petitioner who was arrested in the present case on 29.07.2022 was remanded to judicial custody and ever since then, he is in judicial custody. Prosecution in the present case has cited altogether 46 charge sheet witnesses. CW2, who is the son of deceased has been examined before the Trial Court as PW1 and CW1, who is the first informant has been examined as PW4. Learned counsel for the petitioner has contended that PW1 and PW4 have turned hostile to the case of the prosecution and though they have been cross examined, nothing material has been elicited from their mouth. CW3, who is said to be the owner of the house in which deceased was staying has also been examined in the present case as PW2. Out of the 46 charge sheet witnesses cited in the present case, only five witnesses have been examined till date. It is not in dispute that material charge sheet witnesses have been already examined. Petitioner is in custody for the last nearly three years. Considering the manner in which trial in the case has - 5 - HC-KAR NC: 2025:KHC:21987 CRL.P No. 7642 of 2025 progressed before the Trial Court, the chances of the trial being concluded and the case being disposed of on merits in the near future is very remote. 7. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court 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. Under the circumstances, I am of the opinion that without expressing any opinion on merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 9. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.295/2022 pending before the Court of II Addl. District and Sessions Judge, Hassan, arising out of - 6 - HC-KAR NC: 2025:KHC:21987 CRL.P No. 7642 of 2025 Crime No.138/2022 registered by Belur Police Station, Hassan, for the offences punishable under Sections 302, 109 and 34 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; 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