- 1 - HC-KAR NC: 2025:KHC:26241 CRL.P No. 9124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9124 OF 2025 BETWEEN: SANJAY P @ SANJU @ PENDAL S/O PRAKASH AGED ABOUT 22 YEARS, R/AT NO.16, 2ND CROSS, MUTTON SHOP BUILDING, BHYRAVESHWARA NAGARA SUNKADAKATTE, MAGADI ROAD, BENGALURU CITY - 560098 …PETITIONER (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND: STATE OF KARNATAKA BY THALAGHATTAPURA P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NO.4 ON BAIL IN SC NO.265/2024 FOR THE ALLEGED OFFENCES P/U/S 114, 143, 144, 147, 148, 120B, 302, 324, 149 OF IPC OF INDIAN PENAL CODE PENDING ON THE FILE OF THE HONBLE IX ADDL.DISTRICT AND SESSIONS JUDGE, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26241 CRL.P No. 9124 of 2025 BENGALURU RURAL DISTRICT, BENGALURU IN CRIME NO.29/2024 REGISTERED BY THE THALAGATTAPURA POLICE. 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.4 in SC No.265/2024 pending before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.29/2024 registered by Thalaghattapura Police Station, Bengaluru, for the offences punishable under Sections 114, 143, 144, 147, 148, 120B, 302, 324 and 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.29/2024 was registered by Thalaghattapura Police Station, Bengaluru, initially for the offence punishable under Section 302 of IPC against unknown persons based on the first information dated 28.01.2024 received from Smt. Pallavi W/o deceased Galappa. During the course of investigation, petitioner herein was arrested on - 3 - HC-KAR NC: 2025:KHC:26241 CRL.P No. 9124 of 2025 02.04.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against 13 accused persons and petitioner is arraigned as accused No.4 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1439/2024 was rejected on 16.07.2024. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons. During the course of investigation, petitioner and other persons were arrested and after completing investigation, charge sheet has been filed against accused for the aforesaid offences. CW2 and CW3 are the alleged eye witnesses to the incident in question. The said eye witnesses are now examined before the Trial Court as PW2 and PW3. Learned counsel for the petitioner has submitted that PW2 and PW3 have not supported the case of the prosecution and have been treated as hostile witnesses. The said submission is not disputed by the learned HCGP. Be that as it may, the fact remains that material charge sheet witnesses have been examined and therefore, there - 4 - HC-KAR NC: 2025:KHC:26241 CRL.P No. 9124 of 2025 cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses in the event he is enlarged on bail. Out of the 65 charge sheet witnesses cited in the present case till date only five charge sheet witnesses have been examined as PW1 to PW5 and therefore, the chances of trial being completed and case being disposed off in the near future is very remote. 5. 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". 6. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, - 5 - HC-KAR NC: 2025:KHC:26241 CRL.P No. 9124 of 2025 prayer made in the petition for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.265/2024 pending before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.29/2024 registered by Thalaghattapura Police Station, Bengaluru, for the offences punishable under Sections 114, 143, 144, 147, 148, 120B, 302, 324 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; - 6 - HC-KAR NC: 2025:KHC:26241 CRL.P No. 9124 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.: 66