- 1 - HC-KAR NC: 2025:KHC:44152 CRL.P No. 15008 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15008 OF 2025 BETWEEN: PRAKASH @ BALAJI @ KHAN S/O SRI. RAMU, AGED ABOUT 32 YEARS, R/AT 101, CHANDAPPA TAILORING ROAD, SUBRAMANYAPURA, UTTARAHALLI, BENGALURU-560 061. …PETITIONER (BY SRI. G.M. SHARATHKUMAR, ADVOCATE (P/H)) AND: 1. STATE OF KARNATAKA BY HULIMAVU PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. B.V. BHARATHI W/O LATE B.R. VENKATESH MURTHY, AGED ABOUT 75 YEARS, RESIDENT OF NO.128, 5TH CROSS, ROYAL HERMITAGE LAYOUT, GOTTIGERE POST, B.G. ROAD, BENGALURU-560 083. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H)) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44152 CRL.P No. 15008 of 2025 THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO DIRECT THE TRIAL COURT TO ENSURE EXPEDITIOUS AND TIME BOUND DISPOSAL OF C.C.NO.12250/2013 ARISING OUT OF CRIME NO.402/2011 REGISTERED BY RESPONDENT HULIMAVU POLICE STATION, BENGALURU, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 457 AND 380 OF IPC ON THE FILE OF IX ADDL. CJM, BENGALURU WITHIN A STIPULATED PERIOD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The prayer in this petition is for a direction to the trial Court to ensure expeditious and time-bound disposal of CC No.12250/2013 arising out of Cr.No.402/2011 registered by Hulimavu Police Station for the offence punishable under Section 457 and 380 of IPC now pending on the file of the Court of IX Additional CJM, Bengaluru. 2. The defacto complainant has alleged that on the night of 9.11.2011, some unknown persons broke open the doors of the neighbours house and committed theft of valuable items. Further, the owners of the said house are - 3 - HC-KAR NC: 2025:KHC:44152 CRL.P No. 15008 of 2025 residing in USA and he would furnish details of the stolen articles on their return. 3. Chargesheet came to be filed against accused Nos.1 to 3. Petitioner is arraigned as accused No.2 in the chargesheet. 4. The grievance of the petitioner is that there has been no progress in the trial and there is an inordinate delay. Learned counsel contended that the delay violates the fundamental right to speedy trial under Article 21 of the Constitution of India. He placed reliance on the judgments of the Hon’ble Supreme Court wherein it is held that delay vitiates the entire proceedings and entitles the accused to relief. 5. It is submitted that there are several cases of similar nature pending against the petitioner and the petitioner has been enlarged on bail in this case but presently he is in prison in connection with other cases pending. - 4 - HC-KAR NC: 2025:KHC:44152 CRL.P No. 15008 of 2025 6. Merely because there are other cases registered against the petitioner, that itself is not a ground to direct the trial Court to dispose of the case in a time bound manner. Such direction will adversely affect the functioning of the trial and may be difficult to implement. The Apex Court in High Court Bar Association, Allahabad v. State of U.P. & Ors. in Crl.A.No.3589/2023 dated 29.2.2024 has held that, constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any Court. Considering that the incident is of the year 2011 and the chargesheet is already filed in this case, if the accused co-operates with the trial, the learned Magistrate shall expedite the trial and conclude the same as expeditiously as possible. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 93