- 1 - HC-KAR NC: 2025:KHC:27387 CRL.P No. 9430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9430 OF 2025 BETWEEN: SHEAK MUZAMIL AHAMAD @ SHAIK MUZAMMIL AHMED(A-1) S/O VAZEER AHMED ALIS WAZIR AHMED AGED ABOUT 29 YEARS R/AT 7TH CROSS, VINOBANAGARA VENKATESHPURA K G HALLI BENGALURU - 560 058. …PETITIONER (BY SRI PRASANNA RAO R, ADV.) AND: STATE BY NANDAGUDI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE ON BAIL IN THE CRIME NO.137/2019 REGISTERED BY THE NANDAGUDI POLICE FOR THE ALLEGED OFFENCES P/U/S 302, 201, 34 OF IPC 1860 PENDING BEFORE THE HONBLE IXTH ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN SC NO.340/2019. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27387 CRL.P No. 9430 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.340/2019 IX Addl. District and Sessions Judge, Bengaluru Rural District arising out of Crime No.137/2019 registered by Nandagudi Police Station, Bengaluru District for the offences punishable under Sections 302 & 201 R/w 34 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.137/2019 was registered by Nandagudi Police Station, Bengaluru District against unknown person initially for the offence punishable under Section 302 of IPC, based on the first information dated 30.06.2019 received from Sri Shamanna S/o Late Sonnappa, who is the father of the deceased Byregowda. During the course of investigation, the petitioner herein was arrested on 29.07.2019 and subsequently he was - 3 - HC-KAR NC: 2025:KHC:27387 CRL.P No. 9430 of 2025 remanded to judicial custody. After completing the investigation, charge sheet has been filed against four persons and the petitioner is arraigned as accused No.1 in the charge sheet. The bail application filed by the petitioner before the Trial Court was rejected and therefore he had earlier approached this Court in Crl.P.No.8292/2021 and Crl.P.No.9380/2023, which were rejected on merits by the coordinate bench of this Court. Subsequently, he had filed bail application before the Trial Court in S.C.No.340/2019, which was rejected on 24.12.2024. It is under these circumstances, this successive bail application is filed by the petitioner before this Court. 4. Learned counsel for the petitioner submits that the petitioner is in custody in the present case for the last nearly six years. The prosecution till date has examined only 11 charge sheet witnesses out of the 62 charge sheet witnesses. Accused No.2 has been granted regular bail in similar circumstances. In all other criminal cases - 4 - HC-KAR NC: 2025:KHC:27387 CRL.P No. 9430 of 2025 registered against him, the petitioner has been enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 6. FIR in the present case was registered against unknown persons and during the course of investigation, the petitioner was arrested on 29.07.2019. After completing investigation, charge sheet has been field against four persons and the petitioner is arraigned as accused No.1 in the charge sheet. The allegation in the charge sheet is that accused Nos.1 to 4 had conspired to commit the murder of Byregowda, who was working as a supervisor in Godrej company. 7. On 30.06.2019 when Byregowda was travelling in his motorbike bearing registration No.KA-08-V-7985 to deposit a sum of Rs.15,21,600/-, which was collected from the sale of poultry of the company, the accused persons, - 5 - HC-KAR NC: 2025:KHC:27387 CRL.P No. 9430 of 2025 who allegedly followed him in a motorbike, had kicked the motorbike of Byregowda and made him to fall down and thereafter accused No.1 allegedly assaulted Byregowda with a knife and forcibly snatched the bag, which Byregowda was carrying and had escaped from the spot of crime. The injured Byregowda had died on his way to the hospital and it is under the said circumstance, his father had approached the police and submitted a first information against unknown persons, 8. Undisputedly, in all four criminal cases, which were registered against the petitioner, he has been enlarged on bail. Learned counsel for the petitioner has brought to the notice of this Court that out of the aforesaid four criminal cases, three criminal cases have been ended in acquittal and one criminal case for the offence punishable under Section 379 of IPC is pending considering before the jurisdictional Court. In the present case, out of the 62 charge sheet witnesses cited, the - 6 - HC-KAR NC: 2025:KHC:27387 CRL.P No. 9430 of 2025 prosecution has only examined 11 charge sheet witnesses as PW.1 to PW.11 as on this date. 9. According to learned counsel for the petitioner none of the material charge sheet witnesses have supported the case of the prosecution. This Court at this stage cannot appreciate the deposition of the witnesses. However, the fact remains that out of the 62 charge sheet witnesses cited in the present case, the prosecution has only examined 11 charge sheet witnesses as PW.1 to PW.11 as on this date. 10. The Hon'ble Apex Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 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 - 7 - HC-KAR NC: 2025:KHC:27387 CRL.P No. 9430 of 2025 serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 11. In similar circumstances, accused No.2 has been granted regular bail by this Court in Crl.P.No.5897/2025 disposed of on 10.06.2025. Under these circumstances, without going into the merits/demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively, solely on the ground of his incarceration. 12. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.137/2019 registered by Nandagudi Police Station, Bengaluru District for offences punishable under Sections 302 & 201 R/w 34 of IPC, subject to the following conditions: - 8 - HC-KAR NC: 2025:KHC:27387 CRL.P No. 9430 of 2025 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, 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 NMS