- 1 - HC-KAR NC: 2025:KHC:35718 CRL.P No. 9748 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9748 OF 2025 BETWEEN: AJAY KUMAR BEHERA AGED ABOUT 19 YEARS, S/O CHANDRAMANI BEHERA, RESIDING AT: MANCHENAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU-560 105. PERMANENT ADDRESS AT: SATTOTHIRA VILLAGE, BONTH THAANE, BHADRAK DISTRICT, ORISSA-756 114. …PETITIONER (BY SRI. GOURAV, ADVOCATE FOR SRI. ABHISHEK N.N., ADVOCATE) AND: STATE OF KARNATAKA BY JIGANI 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 BAIL IN S.C.NO.88/2024 CRIME NO.271/2023, DATED 15.11.2023, C.C.NO.48/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 307, 376 OF INDIAN PENAL CODE AND SAME IS PENDING AT VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35718 CRL.P No. 9748 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is the sole accused, facing trial in S.C.No.88/2024 on the file of the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. The above case arise out of Crime No.271/2023 of Jigani Police Station, Bengaluru District, which was initially registered for an offence punishable under Section 307 IPC. Chargesheet was filed for the offence punishable under Section 307 and 376 of IPC. Petitioner was arrested on 18.11.2023. He is in judicial custody. 3. This Court in Crl.P No.4074/2024 vide order dated 15.07.2024 has elaborately discussed the facts and circumstances of the case and dismissed the criminal petition filed by the petitioners seeking to enlarge him on bail. Liberty was granted to him to move the bail petition - 3 - HC-KAR NC: 2025:KHC:35718 CRL.P No. 9748 of 2025 before the trial Court after examination of the material witnesses. 4. After examination of the material witnesses, petitioner moved the Sessions Court for bail in Crl.P No.629/2025. The said petition was dismissed vide order dated 06.05.2025. The learned Sessions Judge has taken into consideration the serious nature of the offence committed by the petitioner and the gravity of the offence, the manner in which it is committed and declined to exercise the discretion in favour of the petitioner and rejected the petition. It is observed that the accused trespassed into victim’s house and stabbed her with a knife and hit with a cooker. After she became unconscious, accused committed rape on her and when she regained conscious, in order to kill her, he once again assaulted her with a pressure cooker on the back portion of her head and caused grievous injuries. 5. Learned counsel for petitioner would contend that there is delay in conducting the trial and the - 4 - HC-KAR NC: 2025:KHC:35718 CRL.P No. 9748 of 2025 petitioner is languishing in judicial custody for 1 year 10 months. 6. Considering the gravity of the offence committed, the incarceration undergone by the petitioner is not a ground to enlarge him on bail. There is no inordinate delay in concluding trial as it is submitted by the learned High Court Government Pleader that the case is at the fag end and the matter is posted before the trial Court for recording the statement of the accused. Hence, it is not a fit case to enlarge the petitioner on bail. Petition is dismissed. The trial Court is directed to conclude the trial expeditiously. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 42