- 1 - HC-KAR NC: 2025:KHC:28268 CRL.P No. 7169 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7169 OF 2025 BETWEEN: SUNIL KUMAR M., S/O MANOFER AGED ABOUT 25 YEARS R/A KALYANI ROAD, 8TH CROSS, K.P. AGHRAHARA BENGALURU - 560 023. …PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY TAVAREKERE POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS), PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.302/2021 TAVAREKERE POLICE FOR OFFENCES P/U/S 302, 394, 324 R/W 34 INDIAN PENAL CODE, NOW Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28268 CRL.P No. 7169 of 2025 PENDING ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, REMANAGARA. 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 S.C.No.11/2022 pending before the Court of III Additional District and Sessions Judge, Ramanagara, arising out of Crime No.302/2021 registered by Tavarekere police station, Ramanagara, for the offences punishable under Sections 302, 394, 324 read with Section 34 of IPC, 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 petitioner and learned High Court Government Pleader for the respondent. 3. FIR in Crime No.302/2021 was registered by Tavarekere police, Ramanagara, initially for the offence punishable under Section 307 read with Section 34 of IPC against six unknown persons based on the first information dated 12.09.2021 received from Sri. Ankur Mura, who is one of - 3 - HC-KAR NC: 2025:KHC:28268 CRL.P No. 7169 of 2025 the injured victims in the present case. During the course of the investigation, the petitioner herein was arrested on 13.09.2021. After completing the investigation, the charge- sheet has been filed for the aforesaid offences against four persons and the petitioner is arraigned as accused No.4 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.9561/2022, which was dismissed for non-prosecution on 21.11.2022. Thereafter, the petitioner had filed Crl.P.No.11662/2022, which was also dismissed for non- prosecution on 15.06.2023. Subsequently, the petitioner had filed Crl.P.No.12868/2023, which was dismissed on merits by the Coordinate Bench of this Court on 24.04.2024. Thereafter, the petitioner filed fresh bail application before the Trial Court in Crl.Misc.No.262/2025, which was dismissed on 07.04.2025. Therefore, he is before this Court in this successive bail petition seeking regular bail. 4. Learned counsel for the petitioner submits that the petitioner is youngster having no criminal antecedents and he is in custody for last more than three years ten months. There - 4 - HC-KAR NC: 2025:KHC:28268 CRL.P No. 7169 of 2025 is absolutely no progress in the trial and till date, not even a single charge-sheet witness has been examined out of the 45 charge-sheet witnesses cited in the present case. Accordingly, he prays to allow the petition. 5. 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. 6. FIR in the present case was initially registered for the offence punishable under Section 307 read with Section 34 of IPC against six unknown persons based on the first information received from Sri. Ankur Mura, who is one of the injured witnesses in the present case. During the course of the investigation, accused Nos.1 to 4 were arrested and after completing the investigation, charge-sheet has been filed against them for the aforesaid offences. As per the charge- sheet allegations, on the night of 12.09.2021, at about 10.30 p.m., accused Nos.1 to 4, who were armed with weapons with an intention to rob the public by threatening them, were traveling in their bikes. On their way, within the jurisdiction of Tavarekere police station, Ramanagara, they had seen CW.1 - 5 - HC-KAR NC: 2025:KHC:28268 CRL.P No. 7169 of 2025 along with deceased - Manish Kumar Singh and with an intention to snatch money and mobile phone from them, accused Nos.1 to 4 allegedly had stopped their bikes and accused No.2 had assaulted CW.1 on his head. Accused No.1 allegedly assaulted Manish Kumar Singh with a knife. Thereafter, when CW.1-Ankur Mura and Manish Kumar Singh ran towards factory, CWs.2 to 6 tried to intervene and accused Nos.1, 2 and 4 allegedly assaulted them and in the said incident, the injured - Manish Kumar Singh had died and CWs.1 to 6 had suffered simple injuries. The allegation against the petitioner is that he had assaulted CWs.1 to 6, who had suffered simple injuries. 7. The petitioner aged about 25 years is in custody for the last more than three years ten months. A perusal of the order sheet of the Trial Court in S.C.No.11/2022 would go to show that though charges were framed as against accused Nos.1 to 4 on 28.06.2023 itself, even after lapse of two years, not even a single charge-sheet witness has been examined by the prosecution. The prosecution has cited altogether 45 charge-sheet witnesses in the present case. Therefore, the - 6 - HC-KAR NC: 2025:KHC:28268 CRL.P No. 7169 of 2025 chances of the trial being completed and case being disposed of on merits in near soon is very remote. 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, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner, who has no other criminal antecedents, for grant of regular bail is required to be answered affirmatively. - 7 - HC-KAR NC: 2025:KHC:28268 CRL.P No. 7169 of 2025 10. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.11/2022 pending before the Court of III Additional District and Sessions Judge, Ramanagara, arising out of Crime No.302/2021 registered by Tavarekere police station, Ramanagara, for the offences punishable under Sections 302, 394, 324 read with Section 34 of IPC, 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; d) The petitioner shall not involve in similar offences in future; - 8 - HC-KAR NC: 2025:KHC:28268 CRL.P No. 7169 of 2025 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.: 35