- 1 - HC-KAR NC: 2025:KHC:26623 CRL.P No. 6335 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.6335 OF 2025 BETWEEN: DILLESH BANGERA @ DILLU S/O NAVEEN BELCHADA AGED ABOUT 24 YEARS R/AT NO. 21-4-558 NEAR SATYANARAYANA BHAJANA MANDIR PINTO LANE, BOLAR MANGALURU D K DISTRICT -575001 …PETITIONER (BY SRI LETHIF B, ADVOCATE) AND: THE STATE OF KARNATAKA BY MANGALURU SOUTH POLICE STATION D K DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE 560 001 …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE PETITIONER ON BAIL IN CR.NO.46/2022 (S.C.NO.141/2023) OF MANGALURU SOUTH POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 34 OF IPC AND SECTION 4, 25(1B), (B) OF ARMS ACT, 1959 PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS COURT, MANGALURU, D.K. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26623 CRL.P No. 6335 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in S.C.No.141/2023 pending before the Court of I Additional District and Sessions Court, Mangaluru, D.K., arising out of Crime No.46/2022 registered by Mangaluru South Police Station, D.K. for the offences punishable under Section 302 read with 34 of IPC and Section 4, 25(1B), (B) of Arms Act, 1959, is before this Court seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.46/2022 was registered by Mangaluru South Police Station, D.K., for the aforesaid offences against Mahendra Shetty and others based on the first information dated 28.04.2022 received from Santhosh Kumar, who is the friend of deceased Rahul Tingalaya. During the course of investigation, petitioner herein was arrested on 08.05.2022 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against 14 accused - 3 - HC-KAR NC: 2025:KHC:26623 CRL.P No. 6335 of 2025 persons and the petitioner is arrayed as accused No.4 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.4065/2023, which was dismissed as withdrawn on 21.09.2023 with liberty to the petitioner to approach this Court afresh after examination of CW.1 to CW.6, who are the alleged eyewitnesses in the case is completed before the Trial Court. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that there is absolutely no progress in the case before the Trial Court. The petitioner who has no other criminal antecedents is in custody for the last more than three years. The petitioner had no motive against the deceased and his name is also not found in the FIR. Hence, prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submissions made by learned counsel for the petitioner. She, however, submits that CW.1 to CW.6 are the eyewitnesses and efforts - 4 - HC-KAR NC: 2025:KHC:26623 CRL.P No. 6335 of 2025 are being made to secure their presence before the Trial Court and examine them. 6. FIR in the present case was registered based on the first information submitted by Santhosh Kumar, who is the alleged eyewitness in the present case. The name of the petitioner is not found in the first information and therefore, he is not arrayed as accused in the FIR. 7. During the course of investigation, petitioner was arrested on 08.05.2022 and in the charge sheet filed against 14 persons, he is arrayed as accused No.4. As per the charge sheet allegations, accused Nos.1 to 3 had motive against deceased Rahul Tingalaya. On 28.04.2024, accused Nos.1 to 4 allegedly had assaulted Rahul Tingalaya with deadly weapons and committed his murder. Petitioner aged 24 years having no other criminal antecedents is in custody from 08.05.2022 onwards. His earlier bail application in Crl.P.No.4065/2023 was dismissed as withdrawn with liberty to approach this Court afresh after the examination of CW.1 to CW.6 is completed before the Trial Court. However, till date, the aforesaid - 5 - HC-KAR NC: 2025:KHC:26623 CRL.P No. 6335 of 2025 witnesses have not been examined before the Trial Court. The prosecution has, in all, cited 130 charge sheet witnesses in the present case. The Hon'ble Supreme 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 serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 8. In view of the law laid down by the Hon'ble Supreme Court in the aforesaid case, taking into consideration that petitioner is in custody for the last more than three years, I am of the opinion that his prayer for grant of regular bail has to be answered affirmatively. - 6 - HC-KAR NC: 2025:KHC:26623 CRL.P No. 6335 of 2025 9. Hence, the following; Order (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.46/2022 registered by Mangaluru South Police Station, D.K. for the offences punishable under Section 302 read with 34 of IPC and Section 4, 25(1B), (B) of Arms Act, 1959, subject to the following conditions: (a) 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; - 7 - HC-KAR NC: 2025:KHC:26623 CRL.P No. 6335 of 2025 (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 MV, List No.: 1 Sl No.: 37