- 1 - HC-KAR NC: 2025:KHC:20977 CRL.P No. 12747 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12747 OF 2024 BETWEEN: SYED FAIROZ @ BATTI FAIROZ S/O. SYED IDAYATHULLA, AGED ABOUT 45 YEARS R/AT NO.368, NEAR OLD MADRAS, SOAP FACTORY, SHIVARAJ ROAD, D.J. HALLI, BANGALORE - 560045 …PETITIONER (BY SRI. MOHAMMED NOOR UL-AIN, ADVOCATE) AND: STATE OF KARNATAKA D.J. HALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THIS PETITIONER ON BAIL WHO IS SHOWN AS ACCUSED NO.2 IN CR.NO.213/2021 REGISTERED BY THE COMPLAINANT, DEVARAJEEVANAHALLI P.S., BENGALURU, FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 25(1B)(B) OF ARMS ACT, SECTUIB 302, 147, 149 OF IPC, PENDING BEFORE THE HONORABLE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BANGALORE (CCH-29), IN SC.NO.409/2022 BY Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20977 CRL.P No. 12747 of 2024 IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONORABLE 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.2 in S.C.No.409/2022 pending before the XXVIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.213/2021 registered by Devarajeevanahalli police station, Bengaluru, for the offences punishable under Sections 147, 302 read with Section 149 of IPC and Section 25(1B)(b) of the Arms Act, 1959, is before this Court in this successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.213/2021 was registered by Devarajeevanahalli police, Bengaluru, initially for the offences punishable under Sections 147, 302 read with Section 149 of IPC and Section 25(1B)(b) of Arms Act, 1959 against Shabaj and others based on the first information dated 07.08.2021 - 3 - HC-KAR NC: 2025:KHC:20977 CRL.P No. 12747 of 2024 received from Sri. Jarar Khan, S/o Sri. Iqbal Khan, who is the brother of the deceased - Mazar Khan. During the course of the investigation, the petitioner was taken to custody on 08.08.2021. After completing investigation, charge-sheet has been filed against nine persons and petitioner is arraigned as accused No.2 in the charge-sheet. His bail application filed before the Trial Court was rejected and therefore, he had approached this court in Crl.P.No.9989/2021, which was rejected on 11.02.2022. Subsequently, he had again approached this court in Crl.P.No.4097/2022 and Crl.P.No.2381/20224, which were rejected on 26.05.2022 and 27.03.2024 respectively. The petitioner is now before this Court in this successive bail petition contending that there is inordinate delay in conducting trial. 4. Learned counsel for the petitioner submits that CWs.12 to 15 who are alleged eyewitnesses in the present case have been examined before the Trial Court as PWs.2 to 5. For the last more than one year, only one charge-sheet witness has been examined before the Trial Court as PW.6. The prosecution has failed to keep its witnesses present before the Trial Court - 4 - HC-KAR NC: 2025:KHC:20977 CRL.P No. 12747 of 2024 and therefore, there is a delay in trial. The petitioner has no criminal antecedents and he is in custody for four nearly years. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition and submits that the petitioner's earlier bail applications have been rejected and there is no change in circumstances. Accordingly, he prays to dismiss the petition. 6. The petitioner who was arraigned as accused No.2 in FIR was arrested in the present case on 08.08.2021 and subsequently, remanded to judicial custody. After completing investigation, charge-sheet has been filed against nine persons. The petitioner is arraigned as accused No.2 in the charge- sheet. As per the charge-sheet, CWs.12 to 15 are the alleged eyewitnesses. It is brought to the notice of this Court that CWs.12 to 15 have been already examined before the Trial Court as PWs.2 to 5. Therefore, it is apparent that material charge-sheet witnesses have been already examined in the present case. Out of the 33 charge-sheet witness, till date only six witnesses have been examined before the Trial Court. - 5 - HC-KAR NC: 2025:KHC:20977 CRL.P No. 12747 of 2024 7. The order sheet of the Trial Court would go to show that for the last more than one year, only one witness has been examined before the Trial Court as PW.6 . Undisputedly, the petitioner has no criminal antecedents and he is in custody for more than three years and ten 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". 9. Under the circumstances, without expressing any opinion on the merits and demerits of the case, considering the period of petitioner's judicial custody, I am of the opinion that - 6 - HC-KAR NC: 2025:KHC:20977 CRL.P No. 12747 of 2024 the prayer of the petitioner for grant of bail is to be answered in the affirmative. 10. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.409/2022 pending before the XXVIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.213/2021 registered by Devarajeevanahalli police station, Bengaluru, for the offences punishable under Sections 147, 302 read with Section 149 of IPC and Section 25(1B)(b) of the Arms Act, 1959, subject to the following conditions: a) 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; - 7 - HC-KAR NC: 2025:KHC:20977 CRL.P No. 12747 of 2024 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 PMR List No.: 1 Sl No.: 23