Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26041 CRL.P No. 8732 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8732 OF 2025 BETWEEN:
SRI RASHID S/o ASIS, AGED ABOUT 35 YEARS, R/AT VETTIKAL HOUSE, VASAPURAM, KODAKARA, THRUSSUR DISTRICT, KERAL STATE-680684. …PETITIONER (BY SRI BASAVARAJ S. SAPPANNAVAR, ADVOCATE) AND:
STATE OF KARNATAKA JALAHALLI P. S.
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01. …RESPONDENT (BY SMT WAHEEDA.M.M, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / THE ACCUSED NO.2 ON BAIL IN S.C No.1638/2023 ON THE FILE OF PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-1) (IN JALAHALLI P.S CR.No.9/2009, BANGALORE) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302,392 AND 397 R/W SECTION 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26041 CRL.P No. 8732 of 2025
ORAL ORDER Petitioner who is arrayed as accused No.2 in S.C.No.1638/2023, pending before the Court of Principal City Civil and Sessions Judge, Bengaluru, arising out of Cr.No.9/2009, registered by Jalahalli police station, Bengaluru for offences punishable under Section 302, 392 and 397 r/w Section 34 of Indian Penal Code (‘IPC’ for short) is before this Court in this successive bail application under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. Petitioner had earlier filed bail application before the jurisdictional Sessions Court in Crl.Misc.No.8574/2020 which was rejected on 30.01.2021. Thereafter the petitioner had approached this Court in Crl.P.No.3888/2021 which was dismissed on merits by the Coordinate Bench of this Court on 15.11.2021 with a direction to the Trial Court to expedite the trial.
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HC-KAR NC: 2025:KHC:26041 CRL.P No. 8732 of 2025
4. Perusal of the
order passed in Crl.P.No.3888/2021 would go to show that petitioner was involved in a similar case earlier and he was tried in S.C.No.775/2016 and in the said case he was convicted and sentenced to undergo life imprisonment.
5. Be that as it may, after dismissal of Crl.P.3888/2021 petitioner has now filed this petition before this Court on the ground of delay in trial. Petitioner has not filed any bail application before the Trial Court, before approaching this Court on the ground of delay in trial. Under the circumstances, this petition is disposed of with liberty to the petitioner to file necessary bail application before the Trial Court on the ground of delay in trial. If such an application is filed, the Trial Court shall consider the same on merits and dispose of the application expeditiously. Sd/- (S VISHWAJITH SHETTY) JUDGE MR