- 1 - HC-KAR NC: 2025:KHC:26930 CRL.P No. 8242 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8242 OF 2025 BETWEEN: SRI PAPPU KUMAR GUPTA, S/O LATE CHOTAN SAB, AGED ABOUT 44 YEARS, R/A M/S MEGA CORE LAMINATION PVT LTD, FACTORY SHED, B.O.SINGRIA KRIYA, PATNA, BIHAR. (PETITIONER IN JC) …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: STATE OF KARNATAKA, STATE BY HEBBAGODI PS, REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.23/2015 OF HEBBAGODI POLICE STATION PENDING ON THE FILE OF III ADDL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL IN SC.NO.5033/2017 FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC . Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26930 CRL.P No. 8242 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 No.2 in S.C.No.5033/2017 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.23/2015 registered Hebbagodi Police Station, Bengaluru District, for offence 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. Learned Counsel for the petitioner submits that on the merits of the case petitioner was granted regular bail in the present case by the co-ordinate Bench of this Court in Crl.P.No.5281/2015 disposed of on 27.06.2015. For the reasons that he had not appeared before the trial Court on the regular dates of hearing, his presence was - 3 - HC-KAR NC: 2025:KHC:26930 CRL.P No. 8242 of 2025 secured on 18.02.2024 and subsequently he was remanded to judicial custody. Thereafter, he had approached this Court in Crl.P.No.4044/2022 and Crl.P.No.2492/2023 which were rejected. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. She submits that CW.2 is the eye-witness to the alleged incident and since the petitioner hails from Bihar, it would be difficult to secure his presence in the event he is enlarged on bail. 5. FIR in the present case was registered against unknown persons. During the course of investigation of the case, petitioner was arrested and after completing investigation, charge sheet has been filed against two persons and petitioner is arraigned as accused No.2 in the charge sheet. - 4 - HC-KAR NC: 2025:KHC:26930 CRL.P No. 8242 of 2025 6. On the merits of the case, petitioner was earlier granted regular bail by the co-ordinate Bench of this Court in Crl.P.No.5281/2015 disposed of on 27.08.2015. It appears that petitioner had not appeared before the trial Court on the regular dates of hearing and therefore coercive steps were taken against him and his presence was secured before the trial Court in S.C.No.5033/2017 on 18.02.20224 and on the said day he was remanded to judicial custody. Bail application filed by the petitioner before the trial Court was rejected and therefore, he had approached this Court in Crl.P.No.4044/2022 and Crl.P.No.2492/2023 which were rejected. 7. Though, the petitioner was earlier granted regular bail in the present case, he is in custody for the last more than three years. There is absolutely no progress in the case before the trial Court. Till date not even a single witness has been examined before the trial Court. Prosecution has in all cited 24 charge sheet witnesses in the present case. Therefore, the chances of - 5 - HC-KAR NC: 2025:KHC:26930 CRL.P No. 8242 of 2025 the trial being completed and the case being disposed of on merits in the near soon is very remote. Under the 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 petitioner's incarceration. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5033/2017 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.23/2015 registered Hebbagodi Police Station, Bengaluru District, for offence 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 - 6 - HC-KAR NC: 2025:KHC:26930 CRL.P No. 8242 of 2025 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; 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.: 48