- 1 - HC-KAR NC: 2025:KHC:26254 CRL.P No. 9298 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. 9298 OF 2025 BETWEEN: RAVI S/O CHIKKAVEERAIAH AGED ABOUT 24 YEARS R/AT ACHALU COLONY, KAILANCHA HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT-562112 …PETITIONER (BY SRI. SHARATH J.M., ADVOCATE) AND: STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT BENGALURU-560001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO RELEASED HIM ON BAIL, WHO IS ACCUSED NO.1 IN CRIME NO.312/2022 (S.C.NO.19/2023) REGISTERED BY RESPONDENT RAMANAGARA RURAL POLICE STATION, NOW PENDING ON HONBLE 3rd ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA FOR THE OFFENCE P/U/S 302, 201 R/W SEC.34 OF IPC IN RESPECT OF PETITIONER. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26254 CRL.P No. 9298 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.19/2023 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.312/2022 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 302, 201 read with Section 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.312/2022 was registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 201 and 302 of IPC, against unknown persons based on the first information dated 08.09.2022 received from Kenchappa, who is the husband of deceased Kempamma. During the course of investigation, accused Nos.1 and 2 were arrested on 11.09.2022 and subsequently, remanded to judicial custody. After completing investigation, charge sheet is filed - 3 - HC-KAR NC: 2025:KHC:26254 CRL.P No. 9298 of 2025 against three persons. Petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, petitioner/accused No.2 and accused No.1 had approached this Court in Crl.P.No.7387/2023, which was dismissed as withdrawn on 15.09.2023 with liberty to the petitioner to approach this Court afresh after examination of material charge sheet witnesses is completed before the Trial Court. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that accused No.1 as against whom similar allegations are found in the charge sheet, who had earlier approached this Court along with petitioner in Crl.P.No.7387/2023 has been granted regular bail by this Court in Crl.P.No.7736/2025 and therefore, even petitioner is entitled for bail on the ground of parity. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:26254 CRL.P No. 9298 of 2025 6. This Court while granting regular bail to accused No.1 in Crl.P.No.7736/2025 in paragraph Nos.7 and 8 has observed as follows:- "7. The earlier petition filed by the petitioner before this Court in Crl.P.No.7387/2023 was rejected on 15.09.2023 with liberty to the petitioner to approach this Court afresh after examination of material charge sheet witnesses is completed before the Trial Court. Subsequently, petitioner had once against approached this Court in Crl.P.No.5259/2024 which was dismissed on 14.08.2024 with liberty to the petitioner to approach this Court after examination of material charge sheet witnesses i.e., CW2 and CW3 are examined before the Trial Court. The order sheet of the Trial Court would go to show that the copy of the orders passed in aforesaid Criminal Petitions were communicated to the Trial Court and inspite of the same, no efforts have been made either by the Trial Court or by the prosecution to examine the material charge sheet witnesses in the present case. The order sheet of the Trial Court would go to show that CW2 and CW3, who are the material charge sheet witnesses in the present case had not appeared before the Trial Court inspite of service of summons on them and therefore, bailable warrant - 5 - HC-KAR NC: 2025:KHC:26254 CRL.P No. 9298 of 2025 has been issued against them. The prosecution has failed to execute the bailable warrant as against CW2 and CW3 and the Trial Court has therefore, re- issued bailable warrant against CW2 and CW3. Petitioner who has no other criminal antecedents is in custody for the last more than two years and nine months. 8. 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"." 7. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to - 6 - HC-KAR NC: 2025:KHC:26254 CRL.P No. 9298 of 2025 be answered affirmatively on the ground of parity. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.19/2023 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.312/2022 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 302, 201 read with Section 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; - 7 - HC-KAR NC: 2025:KHC:26254 CRL.P No. 9298 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.: 69