- 1 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12231 OF 2024 BETWEEN: S. MANJUNATHA @ MANJU, S/O SRINIVASA, AGED ABOUT 29 YEARS, R/AT NO.15/10, 2ND CROSS, MUNESHWARA NAGARA, HSR LAYOUT, VI SECTOR, BENGALURU - 560 102. …PETITIONER (BY SRI.M.S.SHYAMSUNDAR., SENIOR ADVOCATE FOR SMT. VANDANA P L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT PS, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SMT NAGALAKSHMI, W/O LATE RAMAKRISHNA, AGED ABOUT 55 YEARS, R/AT NO.1524, 1ST C MAIN, ROOPENA AGRAHARA, MUNESHWARA NAGARA HSR LAYOUT, VI SECTOR BENGALURU - 560 102. …RESPONDENTS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 (BY SRI.VINAY MAHADEVAIAH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN ORDER TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.403/2023 ARISING OUT OF CR.NO.283/2022 FOR THE OFFENCE P/U/S 302, 212, 35 OF IPC, 1860 AND U/S 25- 1(B)(b) OF ARMS ACT, 1959, PENDING IN THE FILE OF THE HONBLE LVIII ADDL. CITY CIVIL AND SESSINS JUDGE (CCH-59) AT BENGALURU ARRANGING THE PRESENT PETITIONER AS ACCUSED NO.1, THE PETITIONER HAS PREFERRED THIS PETITION SEEKING REGULAR BAIL BEFORE THIS HONBLE COURT. 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 SC.No.403/2023 pending before the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.283/2022 registered by HSR Layout Police Station, Bengaluru City for the offences punishable under Sections 302, 212, 35 of IPC and Section 25-1(B)(b) of Arms Act, 1959 is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Senior Counsel appearing for the petitioner and the learned HCGP for respondent No.1. - 3 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.283/2022 was registered by HSR Layout Police Station, Bengaluru City, initially for offence punishable under Section 302 of IPC against the petitioner herein on the basis of the first information dated 09.11.2022 received from respondent No.2 herein who is the wife of deceased Ramakrishna. 4. During the course of investigation of the case, petitioner was arrested on 09.11.2022 and subsequently, remanded to judicial custody. Investigation of the case was completed and chargesheet was filed against four persons. Petitioner is arraigned as accused No.1 in the chargesheet. Bail application filed by him before the Trial Court in SC.No.403/2023 was rejected on 13.08.2024. Therefore, he is before this Court. 5. Learned Senior Counsel appearing for the petitioner submits that petitioner who has no criminal - 4 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 antecedents is in custody for the last more than two years. The trial in the case is yet to commence. Reading of the statement of the alleged eye-witnesses makes their presence at the spot of the crime doubtful. Petitioner is ready and willing to co-operate with the trial Court. All other accused persons are enlarged on bail. Accordingly, he prays to allow this petition. 6. Per contra, Learned HCGP has opposed the petition. He submits that C.W.1 to C.W.5 are the eye-witnesses in the present case. Deceased has suffered as many as 13 injuries and all the said injuries were inflicted by the petitioner. In the event, he is enlarged on bail he is likely to tamper with the prosecution witnesses. Accordingly, he prays to dismiss this petition. 7. Perusal of the material on record would go to show that the petitioner and the deceased were acquainted to each other and they had planned to form a residential association and for the meeting in the said regard that was held on 06.11.2022 in Cherish cafe, the - 5 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 petitioner was allegedly not invited by the deceased. It is in this background, petitioner allegedly had ill will against the deceased and he had informed C.W-5 - Murthy that he will teach a lesson to the petitioner. This was informed by Murthy to the fist informant. 8. On 09.11.2022 at about 8:30 am, when the deceased was riding his motor bike, near a fruits and vegetables shop on first main road, Muneshwara Nagar within the limits of HSR Layout Police Station, Bengaluru the petitioner allegedly intercepted the motor bike of the deceased and after quarrelling with him, had allegedly assaulted him with a long on his neck, head and other parts of the body. C.W.1 to C.W.5 are the alleged eye-witnesses to the incident in question. After committing the crime, the petitioner allegedly escaped from the spot along with the weapon which he had used to assault Ramakrishna. 9. Based on the first information from C.W.1, who is the wife of deceased Ramakrishna, FIR was initially - 6 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 registered against the petitioner. He was arrested on 09.11.2022 and subsequently, remanded to judicial custody. It is not in dispute that the petitioner has no other criminal antecedents. The case before the Trial Court is still at the stage of hearing before charge. The prosecution has in all cited 60 chargesheet witnesses in the present case. 10. 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: "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 - 7 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 is serious. Article 21 of the Constitution applies irrespective of the nature of the crime." 11. Petitioner who has no other criminal antecedents is in custody for the last more than 27 months. The case before the Trial Court in still at the stage of hearing before charge and the prosecution has cited altogether 60 chargesheet witnesses in the present case and therefore, the chances of the trail being completed in the near future is very remote. Considering the period of incarceration of the petitioner in custody, 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. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in SC.No.403/2023 pending before the Court of LVIII - 8 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.283/2022 registered by HSR Layout Police Station, Bengaluru City for offences punishable under Sections 302, 212, 35 of IPC and Section 25-1(B)(b) of Arms Act, 1959, 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, 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 - NC: 2025:KHC:9346 CRL.P No. 12231 of 2024 permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 43