- 1 - HC-KAR NC: 2025:KHC:34353 CRL.P No. 10537 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10537 OF 2025 BETWEEN: 1. RAJASHEKAR REDDY S/O. B.J. ESHWARAPPA, AGED ABOUT 50 YEARS, R/O. CHIKKANAKERE, MANOOR VILLAGE, KOTA POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 213. 2. CHANDRASHEKAR REDDY S/O. B.J. ESHWARAPPA, AGED ABOUT 55 YEARS, R/O. CHIKKANAKERE, MANOOR VILLAGE, KOTA POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 213. …PETITIONERS (BY SRI. K.V. SATEESHCHANDRA, ADVOCATE) AND: THE STATE BY KOTA POLICE STATION, KOTA, BRAHMAVARA CIRCLE, UDUPI DISTRICT-576 221. REPRESENTED BY: STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34353 CRL.P No. 10537 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS ON BAIL IN S.C.NO.11/2019 (CR.NO.15/2019 OF KOTA POLICE STATION), ON THE FILE OF THE COURT OF THE PRINCIPAL AND ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT, UDUPI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 447, 341, 323, 307, 302, 120B, 109, 112, 201, 212 READ WITH SECTION 149 OF INDIAN PENAL CODE AND DIRECT THAT THIS PETITIONERS BE RELEASED ON BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are arraigned as accused Nos.1 and 2 in S.C.No.11/2019, pending before the Court of Principal and Additional District and Sessions Judge, Udupi District, Udupi. 2. FIR was registered in Crime No.15/2019 of Kota Police Station, Udupi on a complaint lodged by one Lohith Poojari against three named and four others, for the offence punishable under Section 143, 147, 148, 447, 341, 323, 302 r/w 149 of IPC. - 3 - HC-KAR NC: 2025:KHC:34353 CRL.P No. 10537 of 2025 3. Chargesheet is filed against accused Nos.1 to 18 for the offence punishable under Section 120B, 143, 147, 148, 449, 342, 504, 323, 324, 506, 307, 302, 202, 201 r/w 149 of IPC. 4. Briefly stated, it is the case of prosecution that all the accused, on account of previous enmity, formed an unlawful assembly armed with dangerous weapons and committed the murder of Bharat and Yathish and also caused injuries to the first informant. 5. Both the petitioners were arrested on 08.02.2019 and since then they are in judicial custody i.e., for more than 6 years 6 months. It is submitted that the case has been posted before the trial Court for recording the statements of the accused, however since 10.04.2024, statements are not recorded. 6. Learned High Court Government Pleader contended that petitioners have criminal antecedents and - 4 - HC-KAR NC: 2025:KHC:34353 CRL.P No. 10537 of 2025 therefore if they are released on bail, they may indulge in criminal activities and flee from justice. 7. It is not in dispute that except the petitioners all other accused in this case are enlarged on bail. Petitioners are in custody for more than 6 years 6 months. The trial is not yet concluded. Case is pending for recording the statements of the accused for more than 1 year 4 months. 8. While granting bail to accused No.7 in Crl.P No.101/2025, this Court at para 6 has observed as under: “6. F.I.R. in the present case was registered in Crime No.15/2019 by Kota Police Station, Udupi, against Rajashekar Reddy and others. Undisputedly, petitioner's name is not found in the FIR. During the course of investigation he was arrested on 09.02.2019 and ever since then he is in custody. His bail application filed before this Court, earlier in Criminal Petition No.2072/2020 was rejected on 08.07.2020 wherein it is observed that if the accused are enlarged on bail, the chances of they tampering the prosecution witness cannot be ruled out. Thereafter the prosecution has examined its - 5 - HC-KAR NC: 2025:KHC:34353 CRL.P No. 10537 of 2025 witnesses and closed its side before the Trial Court and the matter was adjourned on 10.04.2024 for the purpose of recording the statement of the accused under Section 313 of Cr.P.C. Order sheet of the Trial Court which is made available to this Court by the learned HCGP today would go to show that till date the statement of the accused under Section 313 of Cr.P.C. has not been recorded by the Trial Court. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. 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". 9. Considering the long incarceration of the petitioners and that all other accused are on bail, by - 6 - HC-KAR NC: 2025:KHC:34353 CRL.P No. 10537 of 2025 imposing conditions, petitioners can be enlarged on bail. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioners/accused Nos.1 and 2 in S.C.No.11/2019 on the file of Court of Principal and Additional District and Sessions Judge, Udupi District, Udupi (Crime No. 15/2019 of Kota Police Station, Udupi) shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not commit any offence. - 7 - HC-KAR NC: 2025:KHC:34353 CRL.P No. 10537 of 2025 5. They shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 29