- 1 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.8064 OF 2025 (439 CR.P.C (483 BNSS) C/W CRIMINAL PETITION No.8518 OF 2025 (439 CR.P.C (483 BNSS) IN CRL.P. No. 8064/2025 BETWEEN: KUMAR A.M @ KUMAR S/O LATE MUNIYAPPA AGED ABOUT 55 YEARS, R/AT AGARA, KENGERI HOBALI, BENGALURU NORTH TALUK BENGALURU-560034 …PETITIONER (BY SRI. NAGENDRA B., ADVOCATE) AND: STATE OF KARNATAKA, BY KAGGALIPURA POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL WHO IS ACCUSED No.2 IN CR.No.192/2021 (SC.No.1/2022) BY THE Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 RESPONDENT KAGGLIPURA POLICE, ON THE FILE OF HON'BLE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BENGALURU RURAL COURT, FOR THE OFFENCES P/U/S 147,148,120(B), 114, 302 R/W 149 OF IPC. IN CRL.P No. 8518/2025 BETWEEN: VINAY @ PANDU S/O SANJEEVAIAH, AGED ABOUT 21 YEARS, R/AT HOSAPALYA KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU 560074. ...PETITIONER (BY SRI M. SHASHIDHARA, ADVOCATE) AND: STATE OF KARNATAKA BY KAGGALIPURA P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU 560001. ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO HIM IN S.C.No.1/2022 ORIGINATED FROM CR.No.192/2021 OF RESPONDENT KAGGALIPURA POLICE REGISTERED FOR OFFENCE P/U/S 114,143,147,148,120B,302 R/W 149 OF IPC WHICH IS PENDING BEFORE THE HON'BLE VIII ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos. 2 and 4 in S.C.No.1/2022 pending before the Court of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.192/2021 registered by Kaggalipura Police Station, Ramanagara, for the offences punishable under Sections 143, 147, 148, 120B, 114, 302 read with Section 149 of the Indian Penal Code, 1860 (for short 'IPC') are before this Court in this two successive bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.192/2021 was registered by Kaggalipura Police Station, Ramanagara against unknown persons for the offence punishable under Section 302 of IPC based on the first information dated 24.08.2021 received from Gangaraju, who is son of deceased - 4 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 Narayanappa. During the course of investigation, accused No.2 was arrested on 29.08.2021 and accused No.4 was arrested on 02.09.2021. After completing the investigation, charge sheet has been filed against ten persons and petitioners herein are arrayed as accused Nos.2 and 4 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was rejected and therefore, they had approached this Court earlier in Crl.P. Nos.6834/2022 and 6846/2022 which was dismissed on 12.08.2022. Subsequently, accused No.2 had once again approached this Court in Crl.P. No.390/2024 which was dismissed on 22.02.2024, thereafter, accused No.2 had filed Crl.Misc.No.1593/2024 before the jurisdictional Sessions Court which was rejected on 24.08.2024. Therefore, they are before this Court. - 5 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 4. Learned counsel for the petitioners submits that petitioners do not have any criminal antecedents and they are in custody for the last more than three years. Material charge sheet witnesses have been already examined in the present case. Though this Court while dismissing Crl.P. No.390/2024 by order dated 22.02.2024 had directed the trial Court to dispose of the main case within four months from the date of receipt of copy of the said order, till date trial in the case is not completed. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition, submits that all the material charge sheet witnesses have been examined and only official witnesses are required to be examined in the present case. If some breathing time is granted to the trial Court, the main case itself can be disposed of. Accordingly, he prays to dismiss the petition. - 6 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 6. FIR in the present case was initially registered against unknown persons. During the course of investigation, accused No.2 was arrested on 29.08.2021 and accused No.4 was arrested on 02.09.2021 and after completing the investigation, charge sheet has been filed against ten persons. Undisputedly, the petitioners herein do not have any criminal antecedents. Incident in question appears to have been taken place in the background of civil dispute between the parties. CW.2 who is alleged eye witness in the present case has been examined as PW.3 before the trial Court. Out of the 39 charge sheet witnesses cited in the present case, till date only 12 charge sheet witnesses have been examined before the trial Court as PWs.1 to 12. This Court while disposing of the Crl.P. No.390/2024 filed by accused No.2, by order dated 22.02.2024 had directed the trial Court to dispose of the main matter within four months from the date of receipt of the copy of the order passed in Crl.P. No.390/2024. However, before the trial Court, till date - 7 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 only 12 charge witnesses have been examined out of the 39 charge sheet witnesses and therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is remote. 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, 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". 9. Under the circumstances, I am of the view that, without expressing any opinion on the merits or demerits of the case, solely on the ground of petitioners incarceration, their prayer for grant of bail needs to be answered affirmatively. - 8 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 10. Accordingly, the following; (i) The petition is allowed. (ii) The petitioners are directed to be enlarged on bail in Crime No.192/2021 registered by Kaggalipura Police Station, Ramanagara, for the offences punishable under Sections 143, 147, 148, 120B, 114, 302 read with Section 149 of IPC, subject to the following conditions: (a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; (b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 9 - HC-KAR NC: 2025:KHC:24948 CRL.P No. 8064 of 2025 C/W CRL.P No. 8518 of 2025 (c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioners shall not involve in similar offences in future; (e) The petitioners 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 VBS List No.: 1 Sl No.: 58