- 1 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7950 OF 2024 BETWEEN: MUCHA SHEIK @ BAPPI, S/O ALLAUDDIN SHEIK, AGED ABOUT 29 YEARS, R/AT BWSSB SHED, HEBBALA, BENGALURU - 560 024. NATIVE OF: NEAR MARKET, SONAKALI TOWN, DASPURA 2 T ALUK, WEST MIDNAPUR DISTRICT, WEST BENGAL - 721 101. …PETITIONER (BY SRI. M KRISHNE GOWDA., ADVOCATE) AND: STATE OF KARNATAKA, STATE BY JIGANI P S, RPTD BY STATE PUBLILC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGING THE PETITIONER IN CR.NO.35/2021 OF JIGANI POLICE, NOW IN S.C.NO.14/2023 AND PENDING BEFORE VI Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 ADDITIONAL DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT, FOR THE OFFENCE P/US/ 201, 370, 371, 376-D, 302 R/W SEC.34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in Spl.C.No.14/2023 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.35/2021 registered by Jigani Police Station, Bengaluru District for the offences punishable under Sections 201, 370, 371, 376D, 302 read with Section of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.35/2021 was registered by Jigani Police Station, Bengaluru District, initially for offences punishable under Sections 201, 302 of IPC against unknown persons, based on the first information dated 18.02.2021 received from Chikkannaiah s/o - 3 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 Late.Chikkarudrappa, after the dead body of a deceased lady was found by him in a lake. 4. During the course of investigation of the case, petitioner herein was arrested on 23.07.2021. After completing investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.4 in the charge sheet. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.1764/2022 was rejected on 26.09.2022. The petitioner had earlier approached this Court in Crl.P.No.10160/2021 which was dismissed on 04.02.2022. Thereafter, he had filed Crl.P.No.149/2022 which was dismissed on merits on 14.02.2022. Petitioner subsequently had filed Crl.P.No.11229/2022 and Crl.P.No.5153/2023 before this Court which were dismissed as withdrawn and dismissed for non-compliance of office objections respectively. Therefore, petitioner is before this Court in this successive bail application on the ground of delay in trial. - 4 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 5. Learned Counsel for the petitioner submits that petitioner has been charge sheeted only for offences punishable under Section 370 and 371 of IPC. Maximum punishment for the said offences is imprisonment for a period of ten years. Petitioner is in custody for the last nearly four years. He has no criminal antecedents. Out of the 46 charge sheet witnesses cited in the present case only one charge sheet witness has been examined as P.W-1, as one this date. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made the learned Counsel for the petitioner. 7. FIR in the present case was registered against unknown person, initially for offences punishable under Sections 302 and 201 of IPC by Jigani Police Station, Bengaluru after the dead body of a lady was found by the first informant in a lake within the jurisdiction of Jigani Police Station. - 5 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 8. During the course of investigation of the case, petitioner herein was arrested on 23.07.2021. After completing investigation, charge sheet has been filed against four accused persons. Petitioner is arraigned as accused No.4 in the charge sheet. In the charge sheet, it is alleged that in the year 2020 petitioner had brought the deceased Supriyasen along with him from State of West Bengal promising to marry her and thereafter, he had pushed Supriyasen to his illegal business of prostitution. 9. On 14.02.2021 petitioner had allegedly sent Supriyasen along with accused Nos.1 & 2 and accused Nos.1 & 2 had taken Supriyasen in a scooter bearing registration No.KA-51 HP-1459 to the house belonging to C.W-26 which was adjacent to the house of accused No.2 and in the said house accused Nos.1 to 3 had committed gang rape on Supriyasen and subsequently they had committed her murder by strangulating her neck using her veil. - 6 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 10. Charge sheet for offences punishable under Sections 302 and 376D of IPC is only filed as against accused Nos.1 to 3. So far as the petitioner who is arraigned as accused No.4 in the charge sheet, only offences punishable under Section 370, 371 of IPC are invoked against him. Maximum punishment for the said offences is imprisonment for a period of ten years. Petitioner has no other criminal antecedents. He is in custody for the last nearly four years. Out of the 46 charge sheet witnesses cited in the present case, till date only one charge sheet witnesses has been examined. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is very remote. 11. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, the Hon'ble Apex Court has observed as follows: - 7 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 "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." 12. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions to ensure his presence before the trial Court. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.14/2023 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural - 8 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 District, Bengaluru, arising out of Crime No.35/2021 registered by Jigani Police Station, Bengaluru District for the offences punishable under Sections 201, 370, 371, 376D, 302 read with Section of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be local surety, 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 - 9 - HC-KAR NC: 2025:KHC:21450 CRL.P No. 7950 of 2024 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 32