- 1 - HC-KAR NC: 2025:KHC:25751 CRL.P No. 8876 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8876 OF 2025 BETWEEN: 1. SUJAYA SALIAN S/O. MANJUNATHA, AGED ABOUT 28 YEARS, R/O. SUJAYA NILAYA, CHIKKANAKERE, MANOORU VILLAGE KOTA POST, BRAHMAVARA TALUK, UDUPI DISTRICT - 576213. 2. MAHESH KUMAR @ MAHESH GANIGA, S/O. KRISHNA GANIGA, AGED ABOUT 46 YEARS, R/O. BAGIRATHI NILAYA, H NO14-3, SALMARA, KODAVOOR VILLAGE, UDUPI TALUK, UDUPI DISTRICT - 576 108. 3. RAVI @ RAVI POOJARY, S/O. KRISHNAPPA POOJARY, AGED ABOUT 31 YEARS, R/O. 6TH CROSS ROAD, BOBBARYAKATTE, LAKSHMINAGAR, KODAVOORU, THENKANIDIYOORU VILLAGE, UDUPI TALUK, UDUPI DISTRICT 576 108. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25751 CRL.P No. 8876 of 2025 (THE PETITIONERS ARE IN JUDICIAL CUSTODY) …PETITIONERS (BY SRI. SAGAR.S.S. ADVOCATE FOR SRI. K V SATEESHCHANDRA.,ADVOCATE) AND: 1. 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) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS ON BAIL IN S.C.NO.11/2019 (CR.NO.15/2019) OF KOTA P.S ON THE FILE OF THE COURT OF THE PRL.AND ADDL.DISTRICT AND SESSIONS JUDGE UDUPI DISTRICT UDUPI FOR THE ALLEGED OFFENCES P/U/S 143, 147, 148, 449, 323, 307, 302, 120B, 109, 342, 504, 324, 506, 201, 212 R/W 149 OF IPC AND DIRECT THAT THIS PETITIONERS BE RELEASED ON BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25751 CRL.P No. 8876 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.4 to 6 in S.C.No.11/2019 pending before the Court of Principal District and Sessions Judge, Udupi District arising out of Crime No.15/2019 registered by Kota Police Station, Udupi, for offences punishable under Sections 143, 147, 148, 449, 323, 307, 302, 120B, 109, 342 of IPC is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.15/2019 was registered by Kota Police Station, Udupi District, Udupi, for the aforesaid offences against Rajshekar and others based on the first information dated 27.01.2019 received from Lohith Poojari who is the injured victim in the present case. 4. During the course of investigation of the case, accused No.4 was arrested on 14.02.2019 and accused - 4 - HC-KAR NC: 2025:KHC:25751 CRL.P No. 8876 of 2025 Nos.5 and 6 were arrested on 08.02.2019. After completing investigation charge sheet was filed against 18 persons and petitioners are arraigned as accused Nos.4 to 6 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was rejected and therefore they approached this Court in Crl.P.No.2072/2020 along with accused No.7. The said bail application was rejected by the Co-ordinate Bench of this Court on 08.07.2020. Therefore, the petitioners are before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that accused No.7 has been granted regular bail by this Court in Crl.P.No.101/2025 disposed of on 19.06.2025 on the ground of delay in trial and the petitioners are also in custody for more than six years in the present case. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition, however does not dispute the submission made by the learned counsel for the petitioner. He brings to the - 5 - HC-KAR NC: 2025:KHC:25751 CRL.P No. 8876 of 2025 notice of this Court that accused No.5 is a person with criminal antecedents. 7. This Court while granting regular bail to accused No.7 in Crl.P.No.101/2025 at paragraph No.6 of the order has observed as follows: "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 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 - 6 - HC-KAR NC: 2025:KHC:25751 CRL.P No. 8876 of 2025 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". 8. Petitioners are in custody for more than six years. It is brought to the notice of this Court that even as on this date, the case before the Trial Court is still at the stage of recording statement of the accused under Section 313 of Cr.P.C. Accused Nos.4 and 6 have no criminal antecedents and as against accused No.5 it is said two other criminal case are registered and he has been enlarged on bail in the said cases. - 7 - HC-KAR NC: 2025:KHC:25751 CRL.P No. 8876 of 2025 9. Under these 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 for grant of regular bail needs to be answered affirmatively, considering the period of petitioners incarceration. Accordingly, the following:- ORDER The petition is allowed. The petitioners'are directed to be enlarged on bail in S.C.No.11/2019 pending before the Court of Principal District and Sessions Judge, Udupi District, arising out of Crime No.15/2019 registered by Kota Police Station, Udupi, for offences punishable under Sections 143, 147, 148, 449, 323, 307, 302, 120B, 109, 342 of IPC, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for - 8 - HC-KAR NC: 2025:KHC:25751 CRL.P No. 8876 of 2025 the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners 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 petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE RKA List No.: 1 Sl No.: 75