- 1 - HC-KAR NC: 2025:KHC:34703 WP No. 20854 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 20854 OF 2025 (GM-RES) BETWEEN: V. C. SACHIDANANDA MURTHY S/O T. CHANNAPPA, AGED ABOUT 66 YEARS, PRACTICING ADVOCATE, NO.281, 10TH CROSS, BCC, LAYOUT 2ND STAGE BUS STAND, VIJAYANAGAR, BENGALURU - 40, PERMANENT ADDRESS UDUKUNTE, SOLUR HOBLI, MAGADI TALUK - 562127. …PETITIONER (BY SRI. V.C.SACHIDANANDA MURTHY, PARTY-IN-PERSON) AND: 1. SATISH B S/O BYRALINGAIAH, AGED ABOUT 38 YEARS, R/AT UDUKUNTE POST, SOLUR HOBLI, MAGADI TALUK - 562127. 2. STATE BY KUDUR POLICE REP BY AGA, HIGH COURT OF KARNATAK BENGALURU - 560001. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, READ WITH SECTION 482 OF CR.P.C. PRAYING TO DIRECT THE TRIAL COURT TO DISPOSE THE CASE WITH CC NO. 39/2012 PENDING ON THE FILE OF Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34703 WP No. 20854 of 2025 ADDL. CIVIL JUDGE AND JMFC, MAGADI EXPEDITIOUSLY WITHIN A PERIOD OF 6 MONTHS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking a direction against the trial Court to dispose of the case pending in C.C.No.39/2012. 2. The petitioner, who is the complainant, has been constrained to file the present petition being aggrieved by the inordinate pendency of the criminal proceedings in C.C.No.39/2012. The grievance of the petitioner is that, despite the lapse of more than a decade, there has been no meaningful progress in the case. The prolonged pendency is causing serious prejudice to the petitioner, inasmuch as the material witnesses, owing to advanced age, many of them having already crossed 65 years may not be in a position to effectively depose on behalf of the prosecution if the trial is further delayed. It - 3 - HC-KAR NC: 2025:KHC:34703 WP No. 20854 of 2025 is further brought to the notice of this Court that two of the accused have already passed away during the pendency of the proceedings, which underscores the urgency in concluding the trial expeditiously. 3. On perusal of the records, this Court is of the considered view that the grievance of the petitioner is well-founded. The Hon’ble Supreme Court in catena of judgements has categorically held that speedy trial is a facet of Article 21 of the Constitution of India and that criminal proceedings are required to be concluded within a reasonable period to uphold the fundamental rights of the parties. The Apex Court has time and again emphasised that inordinate delay in the conduct of trials not only causes hardship to the accused but also defeats the rights of the complainant and undermines public confidence in the justice delivery system. The Apex Court in Mohd. Hussain Alias Julfikar Ali v. State (Government Of Nct Of Delhi1), emphasized that speedy justice and fair 1 2013 AIR SC 3860 - 4 - HC-KAR NC: 2025:KHC:34703 WP No. 20854 of 2025 trial to a person accused of a crime are integral part of Article 21 and these are imperatives of the dispensation of justice. 4. In the present case, the proceedings have remained pending since 2012 without substantial progress, which cannot be countenanced. This Court is therefore of the opinion that a writ of mandamus is warranted, directing the learned Magistrate to ensure expeditious disposal of the pending case within a fixed time frame. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The learned Magistrate seized of C.C.No.39/2012 is directed to take up the matter on priority and conclude the trial within a period of six months from the date of receipt of a certified copy of this order; - 5 - HC-KAR NC: 2025:KHC:34703 WP No. 20854 of 2025 (iii) Both the prosecution and the defence shall extend full co-operation for early disposal of the proceedings. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 79