- 1 - HC-KAR NC: 2025:KHC:33612 CRL.P No. 10368 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 10368 OF 2025 BETWEEN: HARISH REDDY S/O. B.J.ESHWARAPPA AGED ABOUT 47 YEARS R/O. NEAR ANKADAKATTE KUNDAPURA TALUK, UDUPI - 576 201. …PETITIONER (BY SRI K V SATEESHCHANDRA, ADVOCATE) AND: THE STATE BY KOTA POLICE STATION KOTA, BRAHMAVARA CIRCLE UDUPI DISTRICT - 576 221. REPRESENTED BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. ASMA KOUSAR, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SC.No.11/2019 (CR No.15/2019 OF KOTA POLICE STATION) ON THE FILE OF THE COURT OF THE PRINCIPAL AND ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT, UDUPI, FOR THE OFFENCES P/U/S 143, 147, 148, 449, 323, 307, 302, 120(B), 109, 342, 506, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33612 CRL.P No. 10368 of 2025 324, 201, 212 R/W 149 OF IPC AND DIRECT THAT THIS PETITIONER BE RELEASED ON BAIL. 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 before this Court praying to enlarge him on bail in S.C.No.11/2019, pending before the Court of Principal and Additional District and Sessions Judge, Udupi District, Udupi, which was registered against three named and 4 other accused for the offence punishable under Sections 143, 147, 148, 447, 341, 323, 302 read with 149 IPC. 2. Charge sheet is filed against 18 accused for the offence punishable under Sections 120-B, 143, 147, 148, 449, 342, 504, 323, 324, 506, 307, 302, 212, 201 read with 149 of IPC. Petitioner is arraigned as Accused No.3 in the charge sheet. 3. Case is registered on a complaint lodged by one Lohith Poojari, an injured in the case. It is alleged by the - 3 - HC-KAR NC: 2025:KHC:33612 CRL.P No. 10368 of 2025 prosecution that all the accused on account of previous enmity, formed an unlawful assembly, armed with dangerous weapons and committed the murder of Bharath and Yathish and also caused injuries to the first informant. 4. Petitioner is not specifically named in the FIR. He was arrested on 08.02.2019 and since then he is in judicial custody. Learned counsel for the petitioner contended that the case is listed before the trial Court for recording the statement of the accused since 10.04.2024 and as on today the trial is not concluded. He submits that similarly placed accused are enlarged on bail by this Court. 5. Learned Addl.SPP has opposed the prayer for bail contending that if the petitioner is enlarged on bail at this stage, he may abscond. 6. A copy of the order passed by the co-ordinate bench in Crl.P.No.8876/2025 dated 14.07.2025 is furnished, wherein this Court has enlarged accused Nos.4 to 6 on bail. Further, it is seen that accused Nos.7 to 18 - 4 - HC-KAR NC: 2025:KHC:33612 CRL.P No. 10368 of 2025 are also on bail wherein, accused No.7 is granted bail by this Court in Crl.P.No.101/2025. While granting bail to accused No.7, this Court at para 6 has observed as under: 6. F.I.R. in the present case was registered in Crime No.15/2019 by Kota Police Station, Udupi, against Rajashekar Reddy and others. Undisputedly, petitioner's name is not found in the FIR. During the course of investigation he was arrested on 09.02.2019 and ever since then he is in custody. His bail application filed before this Court, earlier in Criminal Petition No.2072/2020 was rejected on 08.07.2020 wherein it is observed that if the accused are enlarged on bail, the chances of they tampering the prosecution witness cannot be ruled out. Thereafter the prosecution has examined its witnesses and closed its side before the Trial Court and the matter was adjourned on 10.04.2024 for the purpose of recording the statement of the accused under Section 313 of Cr.P.C. Order sheet of the Trial Court which is made available to this Court by the learned HCGP today would go to show that till date the statement of the accused under Section 313 of Cr.P.C. has not been recorded by the Trial Court. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 - 5 - HC-KAR NC: 2025:KHC:33612 CRL.P No. 10368 of 2025 SCC ONLINE SC 1693 at paragraph No.19 has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 7. The learned Addl.SPP contended that petitioner is a habitual offender against whom several cases were registered. However, the learned counsel for the petitioner contended that he has been acquitted in all those cases and except the present case no other case is pending against him. 8. Petitioner is in judicial custody for more than 6 years 6 months. As per the submission made, the case is pending before the trial Court for recording the statements of the accused since 10.04.2024. Considering that accused Nos.4 To 7 are granted bail by this Court in - 6 - HC-KAR NC: 2025:KHC:33612 CRL.P No. 10368 of 2025 Crl.P.No.8876/2025 and Crl.P.No.101/2025, the relief sought by the petitioner can be granted by imposing conditions. Hence the following: ORDER Petition is allowed. Petitioner/accused No.3 in Crime No.15/2019 of Kota Police Station, Udupi, pending in S.C.No.11/2019 on the file of Court of Principal and Additional District and Sessions Judge, Udupi District, Udupi, shall be enlarged on bail, subject to the following conditions: a) He shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 7 - HC-KAR NC: 2025:KHC:33612 CRL.P No. 10368 of 2025 c) He shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) He shall not involve in similar offences in future; e) He shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 29