- 1 - HC-KAR NC: 2025:KHC:25785 CRL.P No. 5486 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. 5486 OF 2025 BETWEEN: SHRI BIRU KUMAR, AGED ABOUT 19 YEARS, S/O SUKDER MAHTO, AT NO 501, 5TH FLOOR, SRI SAI P G NEAR YELLAMMA TEMPLE, KONAPPAN AGARAHARA ELECTRONIC CITY, BENGALURU - 560 100. …PETITIONER (BY SRI. ABISHEK N N., ADVOCATE) AND: STATE OF KARNATAKA, BY ELECTRONIC CITY POLICE STATION, BENGALURU DISTRICT - 560 001. REPRESENTED BY SPP, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER / ACCUSED ON REGULAR BAIL IN S.C.NO.187/2023 IN CR.NO.57/2023 DATED 13.03.2023, PENDING AT HONBEL XI ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL AT BENGALURU FOR THE OFFENCE P/U/S 302 OF IPC REGISTERED BY THE ELECTRONIC CITY RESPONDENT POLICE I.E (CHARGE SHEET) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25785 CRL.P No. 5486 of 2025 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 in S.C.No.187/2023 pending before the Court of XI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.57/2023 registered Electronic City Police Station, Bengaluru City, for offences punishable under Section 302 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.57/2023 was registered by Electronic City Police Station, Bengaluru City, initially for the offence punishable under Section 302 of IPC against unknown persons, based on the first information dated 13.03.2023 received from Santhosh Kumar C, who is nephew of deceased Ram Chalitha Sahani. - 3 - HC-KAR NC: 2025:KHC:25785 CRL.P No. 5486 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 13.03.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the trial Court was rejected. Therefore, he had approached this Court in Crl.P.No.3791/2023 which was dismissed by the co-ordinate Bench of this Court on 17.07.2023 with liberty to the petitioner to move the Sessions' Court a fresh, if the trial is not commenced within six months from the date of order. Subsequently, petitioner had filed a fresh bail application before the Jurisdictional Sessions Court in Crl.Misc.No.458/2025 which was rejected on 17.03.2025. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that petitioner aged about 21 years has no criminal antecedents and he has a minor daughter who was born - 4 - HC-KAR NC: 2025:KHC:25785 CRL.P No. 5486 of 2025 two months prior to the date of incident. Material charge sheet witnesses are already examined before the trial Court. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that there are strong circumstances against the petitioner, who is from Bihar and in the event he is enlarged on bail, it would be difficult to secure his presence. Accordingly, he prays to dismiss this petition. 7. Perusal of the material on record would go to show that FIR in the present case was registered for offence punishable under Section 302 of IPC against unknown persons after dead body of deceased Ram Chalitha Sahani was found. During the course of investigation of the case, petitioner herein was arrested on 13.03.2023. After completing investigation, charge sheet has been filed against him for the aforesaid offences. In the charge sheet, it is alleged that on 12.03.2023 petitioner had gone to consume alcohol in Chandan Bar at - 5 - HC-KAR NC: 2025:KHC:25785 CRL.P No. 5486 of 2025 Konappana Agrahara and deceased also came there to consume alcohol. At about 12:30 a.m., on the intervening night of 12.03.2023 and 13.03.2023 deceased asked the petitioner to get him more liquor and also abused him and his mother using filthy language. The petitioner who got enraged, allegedly assaulted deceased with his right hand and when he fell down, he allegedly dashed his head against the wall. The entire case of the prosecution is based on circumstantial evidence. Petitioner aged about 21 years having no other criminal antecedents is in custody for the last two years and three months. Material charge sheet witnesses have been examined and therefore, there cannot be any apprehension that petitioner may tamper with the material prosecution witnesses. Prosecution has in all cited 27 charge sheet witnesses in the present case and out of the same only 10 charge sheet witnesses have been examined as PWs.1 to 10 as on this day. 8. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF - 6 - HC-KAR NC: 2025:KHC:25785 CRL.P No. 5486 of 2025 MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, the Hon'ble Apex 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. Considering the aforesaid aspects of the matter, 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 his period of incarceration. Accordingly, the following:- ORDER The petition is allowed. - 7 - HC-KAR NC: 2025:KHC:25785 CRL.P No. 5486 of 2025 The petitioner is directed to be enlarged on bail in S.C.No.187/2023 pending before the Court of XI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.57/2023 registered Electronic City Police Station, Bengaluru City, for offences punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be local surety, 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:25785 CRL.P No. 5486 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 KVR List No.: 1 Sl No.: 55