- 1 - NC: 2025:KHC:9266 CRL.P No. 7871 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7871 OF 2024 BETWEEN: SRI MANJUNATHA B.R. ALIAS MANJU S/O RAJU AGED ABOUT 29 YEARS R/O BENNAHALLI VILLAGE KAILANCHA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 109. …PETITIONER (BY SRI P. MAHESHA, ADV.) AND: STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE STATION, (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 01) …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH S.C.NO.93/2023 (ARISING OUT OF CR.NO.142/2023 OF RAMANAGARA RURAL POLICE STATION) FOR THE OFFENCE P/US/ 143, 302, 395, 506 AND 149 OF IPC, PENDING ON THE FILE OF III ADDL. DIST. AND SESSIONS JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9266 CRL.P No. 7871 of 2024 ORAL ORDER 1. Accused no.1 in S.C.No.93/2023 pending before the Court of III Addl. District & Sessions Judge, Ramanagara, arising out of Crime No.142/2023 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 302, 395, 506, 149 IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.142/2023 was registered by Ramanagara Rural Police Station, Ramanagara, for the aforesaid offences, initially against six named accused persons and others based on the first information received from Raghu S/o Devaraju on 26.05.2023. During the course of investigation, petitioner herein who was arrayed as accused no.1 in the FIR, was arrested on 01.06.2023 and subsequently remanded to judicial custody. Investigation of the case was completed and charge sheet was filed against 18 accused persons and the petitioner was arrayed 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 - 3 - NC: 2025:KHC:9266 CRL.P No. 7871 of 2024 Crl.P.No.350/2024 which was dismissed by this Court by order dated 29.01.2024 reserving liberty to the petitioner to file a fresh petition after examination of CW-1 who is the alleged eye-witness to the incident in question is completed before the Trial Court. It is under these circumstances, the petitioner is before this Court in this successive petition filed under Section 483 of BNSS, 2023. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that this Court had dismissed petitioner's bail petition in Crl.P.No.350/2024 by order dated 29.01.2024 reserving liberty to the petitioner to file a fresh petition after examination of CW-1 is completed, but till date examination of CW-1 is not completed. He submits that CW-1 who was examined as PW-1 by the prosecution on 21.11.2024, has thereafter not appeared before the court for cross-examination on the last seven dates of hearing. The prosecution is not making any attempts to secure the presence of CW-1 for the purpose of his cross-examination. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:9266 CRL.P No. 7871 of 2024 5. Per contra, learned HCGP has opposed the petition. He submits that efforts are being made to trace CW-1 and after securing his presence, he will be kept present before the court for the purpose of his cross-examination. He submits that there serious allegations as against the petitioner and his earlier bail petition was dismissed on merits. Accordingly, he prays to dismiss the petition. 6. It is not in dispute that except accused nos.1 & 2, all other accused persons have been enlarged on bail in the present case. It is brought to the notice of this Court that accused no.2 has died while in custody, recently. Bail petition filed by the petitioner in Crl.P.No.350/2024 was rejected by this Court with liberty to the petitioner to file a fresh petition before this Court after examination of CW-1 who is the alleged eye- witness in the present case, is completed before the Trial Court. Petitioner is in custody in the present case from 01.06.2023. Charges were framed in the present case against the accused on 29.08.2024. CW-1 was examined in-chief as PW-1 by the prosecution on 21.11.2024. It is brought to the notice of this Court that thereafter though the matter was posted for cross- examination of PW-1 on the last seven dates of hearing, PW-1 - 5 - NC: 2025:KHC:9266 CRL.P No. 7871 of 2024 (CW-1) was not kept present before the court and the Trial Court has been issuing only summons against him and no coercive steps have been taken to secure his presence. 7. 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 19, has observed as under: "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. Undisputedly, petitioner has no other criminal antecedents. He is in custody for the last more than 20 months. The prosecution, in all, has cited 50 charge sheet witnesses in the present case and till date, not even one witness has been examined completely. During the course of hearing of this petition, on 28.10.2024, learned HCGP had made a submission that CW-2 would be examined before the Trial Court on - 6 - NC: 2025:KHC:9266 CRL.P No. 7871 of 2024 priority. Though examination-in-chief of CW-1 was completed on 21.11.2024, the prosecution has failed to keep the said witness present for the purpose of his cross-examination till date. From the aforesaid aspects of matter, it is very apparent that trial in the case is not likely to be completed in the near soon, and therefore, considering the period of petitioner's incarceration who has no other criminal antecedents, I am of the opinion that the prayer made in the petition requires to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.93/2023 pending before the Court of III Addl. District & Sessions Judge, Ramanagara, arising out of Crime No.142/2023 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 302, 395, 506, 149 IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:9266 CRL.P No. 7871 of 2024 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 KK