- 1 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7756 OF 2025 BETWEEN: OM PRAKASH DEVASI @ OM PRAKASH S/O BERARAM, AGED ABOUT 27 YEARS, RESIDING AT KEVAL VILLAGE, RAYAPURA THASIL, PALII DISTRICT, RAJASTHAN - 306 304. …PETITIONER (BY SRI. HARISH KUMAR M, ADVOCATE) AND: THE STATE OF KARNATAKA CHAMARAJPET POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP; SRI. NAVEEN KUMAR J, ADVOCATE FOR SRI. SAGAR G. NAHAL, ADVOCATE FOR VICTIM) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 439 OF CRPC IN CR.NO.60/2022 OF CHAMRAJPET POLICE STATION, AND SAME AS REGISTERED AS SC.NO.1954/2022 FOR THE OFFENCES P/U/S 120B, 381 AND Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 302 R/W 34 AND 35 OF IPC, PENDING BEFORE THE HONBLE COURT OF LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. 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.5 in S.C.No.1954/2022 pending before the LXI Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.60/2022 registered Chamarajapet Police State, Bengaluru for the offences punishable under Sections 120(B), 381, 302 r/w 34 and 35 of IPC is before this court in this successive bail application filed under Section 439 Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.60/2022 was registered by Chamarajapet Police State, Bengaluru for the offences punishable under Sections 381 and 302 IPC against - 3 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 Bijaram based on the first information dated 25.05.2025 received from J.Prakash Chand, s/o of deceased Jugraj Jain. During the course of investigation of the case, the petitioner herein was arrested on 04.06.2022 and subsequently remanded to judicial custody. After completing investigation, charge sheet was filed against five persons and the petitioner is arrayed as accused No.5 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore he had earlier approached this court in Crl.P.No.10837/2022 which was dismissed on 29.11.2022. Thereafter he had filed a fresh bail application before this court which was dismissed on 20.08.2024. Subsequently, the petitioner had filed a fresh bail application before the trial court in Crl.Misc.1042/2025 which was dismissed by the trial court on 18.03.2025. Therefore he is before this court in this successive bail application. - 4 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 4. Learned counsel for the petitioner submits that the petitioner who has no criminal antecedents is in custody for the last more than three years. The allegation against the petitioner and accused No.2 to 4 are similar. Accused No.2 to 4 have been already enlarged on bail. The entire case of the prosecution is based on circumstantial evidence. All the material charge sheet witnesses have been already examined and most of them have not supported the case of the prosecution. He accordingly prays to allow the petition. 5. Per Contra, learned HCGP and learned counsel for the defacto complainant have opposed the petition. Learned counsel for the defacto complainant submits that he had challenged the order dated 25.03.2025 passed by this court in Crl.P.No.3271/2025 granting bail to accused No.2 and the Hon'ble Supreme Court while rejecting special leave petition has observed that co-accused shall not be entitled to party merely because the Supreme Court has not entertained the special leave petition. This - 5 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 petitioner has played a major role in the present crime. Merely for the reason that some of the charge sheet witnesses have turned hostile to +the case of the prosecution, that itself shall not be a ground to enlarge the accused on bail. Accordingly he prays to dismiss the petition. 6. FIR in the present case was registered for the offences punishable under Sections 381 and 302 of IPC against accused No.1 Bijaram. During the course of investigation, the petitioner herein was arrested on 04.06.2022 and after completing investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused No.5 in the charge sheet. From a reading of the charge sheet allegations, it is found that allegation of throwing chilly powder on the face of the deceased and committed his murder by strangulating his neck with a plastic rope is only as against accused No.1. Accused No.2 to 5 had arrived at the spot of the crime - 6 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 after accused No.1 had committed the murder of the deceased, Jugraj Jain. 7. It is not in dispute that petitioner has no criminal antecedents and he is in custody in the present case for more than three years. Out of the 63 charge sheet witnesses cited in the case, till date 27 charge sheet witnesses have been examined as PW1 to PW27 before the trial court. It is also not in dispute that accused No.2 to 4 have been enlarged on bail by this court in Crl.P.No.3271/2025, Crl.P.No.6957/2025 and Crl.P.No.6956/2025. Since the material prosecution witnesses have been already examined, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. Though the learned counsel for the petitioner has submitted that majority of the prosecution witnesses have not supported the case of the prosecution and they have been treated as hostile witnesses, this court at this stage cannot hold a mini trial and appreciate the depositions of the witnesses. Since - 7 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 only 27 charge sheet witnesses have been examined out of the 63 witnesses in the present case, the chances of the case being disposed off on merits in the near future is very remote. 8. 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." 9. Considering the aforesaid aspects of the matter and also taking into consideration that the petitioner who has no other criminal antecedents is in custody for the last more than three years, I am of the opinion that the - 8 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 petitioner's prayer 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 Crime No.60/2022 registered by Chamarajapet Police Station and pending before the LXI Addl. City Civil and Sessions Judge, Bengaluru in S.C.No.1954/2022, 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; - 9 - HC-KAR NC: 2025:KHC:26877 CRL.P No. 7756 of 2025 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 SD List No.: 1 Sl No.: 44 CT: BHK