- 1 - HC-KAR NC: 2025:KHC:34662 CRL.P No. 12148 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12148 OF 2025 BETWEEN: 1. SRI. ASHOKA .K.K S/O LATE KUMARASWAMY AGED ABOUT 36 YEARS R/AT KATIHALLI VILLAGE KASABA HOBLI, ALUR TQ HASSAN, KARNATAKA-573213. …PETITIONER (BY SRI. S. BALAKRISHNAN, ADVOCATE) AND: 1. STATE BY HASSAN RURAL POLICE STATION REP BY SPP OFFICE HIGH COURT BUILDING BANGALORE-560001. 2. PALAKSHA S/O CHANNABASAVAIAH AGED ABOUT 49 YEARS R/AT KATEEHALLY VILLAGE KASABA HOBLI, ALUR TALUK HASSAN DISTRICT HASSAN, KARNATAKA-573213. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO DIRECT THE II ADDL. DISTRICT AND Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34662 CRL.P No. 12148 of 2025 SESSIONS JUDGE, AT HASSAN TO COMPLETE THE TRIAL IN S.C. NO.41/2017 FOR THE OFFENCES P/U/S. 323, 504, 143, 147, 148, 324 AND 302 R/W 149 OF IPC ON THE FILE OF HASSAN RURAL POLICE STAITON WITHIN A PERIOD OF 3 MONTHS FROM THE DATE OF RECEIPT OF THE ORDER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking a mandamus against the III Additional District and Sessions Judge, Hassan to conduct trial on day to day basis and conclude the trial pending in S.C.No.41/2017 for the offence punishable under Sections 323, 504, 143, 147, 148, 324, 302 read with Section 149 of IPC. 2. Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent – State. 3. The records placed before this Court disclose that the unfortunate incident in question occurred on - 3 - HC-KAR NC: 2025:KHC:34662 CRL.P No. 12148 of 2025 28.11.2016 wherein it is alleged that the accused persons committed the murder of one Kumaraswamy. Pursuant thereto, the Investigating Officer, after completing the investigation, laid the charge sheet on 09.02.2017 and the case came to be registered in S.C. No.41/2017 before the Sessions Court. Despite the lapse of more than eight years, the trial is yet to attain finality. This Court cannot lose sight of the fact that Section 309 of the Code of Criminal Procedure, 1973, as amended by Act 13 of 2013 with effect from 13.02.2013, has engrafted a statutory mandate upon all criminal Courts to conduct inquiries and trials on a day-to-day basis once the examination of witnesses has commenced, particularly in cases involving heinous offences. The earlier expression under Section 309 Cr.P.C. that the trial shall be held "as expeditiously as possible" has now been fortified by the 2013 amendment, requiring continuous and uninterrupted trial until all witnesses in attendance have been examined. This amendment was necessitated in recognition of the fact - 4 - HC-KAR NC: 2025:KHC:34662 CRL.P No. 12148 of 2025 that protracted criminal trials not only undermine the administration of justice but also impair the faith of the victim and the society at large in the judicial process. 4. The order sheets of the Sessions Court, however, reveal a disturbing pattern. Out of the four cited eye- witnesses, two material witnesses, namely C.W.4 and P.W.2, are reported to have died without their evidence being recorded, thereby causing irretrievable prejudice to the prosecution and, in turn, to the cause of justice. The accused have been frequently granted exemptions from appearance, which has contributed to delay and protraction of the proceedings. The right to speedy trial is not only a statutory mandate under Section 309 Cr.P.C. but also forms a part of the fundamental right guaranteed under Article 21 of the Constitution of India. The Hon'ble Apex Court in Mohd. Hussain Alias Julfikar Ali v. State (Government Of Nct Of Delhi1) has categorically observed that denial of a speedy trial amounts to denial of 1 2013 AIR SC 3860 - 5 - HC-KAR NC: 2025:KHC:34662 CRL.P No. 12148 of 2025 justice itself and that the Courts are under a constitutional obligation to ensure that criminal proceedings are concluded within a reasonable time frame. 5. Having regard to the facts and circumstances of the present case, this Court is of the firm view that the Sessions Court is duty-bound to scrupulously follow the mandate under Section 309 Cr.P.C. and to conduct the trial on a day-to-day basis so as to conclude the proceedings expeditiously. Delay in trial not only results in fading of memories of witnesses and loss of crucial evidence but also frustrates the object of criminal law, which is to bring the guilty to book and to protect the innocent. Therefore, in exercise of jurisdiction, this Court finds it a fit case to issue a mandamus to the learned Sessions Judge to proceed with the trial in S.C. No.41/2017 on day-to-day basis and to conclude the same at the earliest possible time. 6. In that view of the matter, this Court proceeds to pass the following; - 6 - HC-KAR NC: 2025:KHC:34662 CRL.P No. 12148 of 2025 ORDER (i) The petition stands allowed. (ii) The Sessions Court is hereby directed to strictly adhere to the mandate of Section 309 Cr.P.C., and bearing in mind the principles laid down by the Hon’ble Supreme Court on the right to speedy trial, conclude the trial in S.C. No.41/2017 without any further delay. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 31