- 1 - NC: 2025:KHC:10835 CRL.P No. 9130 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9130 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAN @ MOHAN KUMAR S/O MUNIVENKATAPPA AGED ABOUT 28 YEARS, R/O CHOWDENAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR TALUK-563133 …PETITIONER (BY SRI. K. RAM SINGH ASSOCIATES., ADVOCATES) AND: STATE OF KARNATAKA BY VEMAGAL POLICE STATION, KOLAR REP. BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA AT BENGALURU - 560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN S.C.NO.05/2021 FOR ALLEGED OFFENCE P/U/S 143, 147, 148, 302, 307, 323, 324, 504, 201 R/W SEC. 149 OF IPC REGISTERED BY THE VEMAGAL POLICE STATION AT KOLAR AND ALSO IN CR.NO.165/2020, NOW PENDING ON THE FILE OF THE IN THE COURT OF THE II ADDL. DIST. AND SESSIONS JUDGE AT KOLAR. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:10835 CRL.P No. 9130 of 2024 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.1 in S.C.No.5/2021, pending before the Court of II Additional District and Sessions Judge, Kolar, arising out of Crime No.165/2020 registered by Vemagal Police Station, Kolar, for offences punishable under Sections 143, 147, 148, 302, 307, 323, 324, 504, 506, 201 read with Section 149 of Indian Penal Code (for short 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. Learned counsel for the petitioner submits that the petitioner is in judicial custody from 06.08.2020 onwards. Petitioner has no other criminal antecedents. Accused Nos.2 to 7 have been already enlarged on regular bail. Till date, only three charge sheet witnesses have been examined before the Trial Court. Accordingly, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. - 3 - NC: 2025:KHC:10835 CRL.P No. 9130 of 2024 5. Petitioner, who has no other criminal antecedents is in judicial custody from 06.08.2020 onwards. It is not in dispute that accused Nos. 2 to 7 have been enlarged on regular bail in this case. The prosecution has in all cited 48 charge sheet witnesses in the present case and out of the 48 charge sheet witnesses, till date, only 3 charge sheet witnesses have been examined as PWs.1 to 3. 6. 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, 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. In the background of the aforesaid judgment, considering the period of petitioner's incarceration and the stage of the case before the Trial Court, I am of the opinion that the prayer made by the petitioner for grant of regular bail - 4 - NC: 2025:KHC:10835 CRL.P No. 9130 of 2024 is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.165/2020 registered by Vemagal Police Station, Kolar, for the offences punishable under Sections 143, 147, 148, 302, 307, 323, 324, 504, 201 read with Section 149 of 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; 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; - 5 - NC: 2025:KHC:10835 CRL.P No. 9130 of 2024 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 SPV List No.: 1 Sl No.: 41