- 1 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2656 OF 2025 C/W CRIMINAL PETITION NO. 6288 OF 2025 IN CRL.P No. 2656/2025 BETWEEN: 1. SRI CHETHAN KUMAR B @ CHETHU, AGED ABOUT 36 YEARS, S/O LAET LINGAPPA NAIKA, RESIDING AT BEEMAHITHLU HOUSE, CHIKKAMUDNOOR VILLAGE, PUTTUR TALUK - 574 202. PRESENTLY RESIDING AT RENT HOUSE OF JAYARAM RAI, JAINARAGURI BANNUR VILLAGE, PUTUR, D K - 574 203. 2. SRI MANISH N, AGED ABOUT 37 YEARS, S/O LATE N MANIYAN, RESIDING AT BANNUR ROAD, PADEEL, PUTTUR KASABA VILLAGE, PUTTUR, D K - 574 203. …PETITIONERS (BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 AND: THE STATE OF KARNATAKA, BY PUTTUR TOWN POLICE STATION, PUTTUR TALUK, PUTTUR - 574 201, D.K. DISTRICT. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT WAHEEDA M.M., HCGP; SRI.RAJASHEKAR S., ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENALARGED ON REGULAR BAIL IN CR.NO.106/2023 OF PUTTUR TOWN POLICE STATION, PUTTUR FOR THE OFFENCES P/U/S 341, 504, 506, 307, 302 R/W 34 OF IPC ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU SITTING AT PUTTUR, D.K, IN S.C.NO. 5005/2024. IN CRL.P NO. 6288/2025 BETWEEN: 1. SRI MANJUNATH SHENOY, AGED ABOUT 37 YEARS, S/O HARIDAS SHENOY, RESIDING AT NEAR CHELUVAMMANNA, KATTE, BANNUR, PUTTUR - 574 203, DAKSHINA KANNADA DISTRICT. - 3 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 2. SRI. KESHAVA P, AGED ABOUT 37 YEARS, S/O BABU, RESIDING AT KANAKADAS COLONY, PADIL, PUTTUR - 574 201, DAKSHINA KANNADA DISTRICT. ...PETITIONERS (BY SRI. JAGADISH BALIGA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PUTTUR TOWN POLICE STATION, PUTTUR-574 201, PUTTUR TALUK, D.K. DISTRICT. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. ...RESPONDENT (BY SMT WAHEEDA M.M., HCGP; SRI.RAJASHEKAR S., ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED ON REGULAR BAIL IN CR.NO.106/2023 OF PUTTUR TOWN POLICE STATION, PUTTUR FOR THE OFFENCES P/U/S 341, 504, 506, 307, 302 R/W 34 OF IPC ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU SITTING AT PUTTUR, D.K., IN S.C.NO.5005/2024. - 4 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 THESES PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 4 in S.C.No.5005/2024 pending before the Court of V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, sitting at Puttur, Dakshina Kannada, arising out of Crime No.106/2023 registered by Puttur Town Police Station, Dakshina Kannada, for offence punishable under Sections 341, 504, 506, 307, 302 read with Section 34 of IPC are before this Court in these successive bail applications filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.106/2023 was registered by Puttur Town Police Station, Dakshina Kannada for the aforesaid offences against the petitioners herein, based on the first information dated 07.11.2023 received from Vikhyath B, who is the alleged eye-witness to the incident - 5 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 in question in which Akshay Kallege was allegedly murdered by accused Nos.1 to 4. 4. During the course of investigation of the case, accused Nos.1 to 4 were arrested on 07.11.2023 and subsequently remanded to judicial custody. Bail application filed by accused Nos.3 and 4 before the Jurisdictional Sessions Court was rejected and therefore, they had approached this Court in Crl.P.No.4389/2024 which was dismissed on merits by the co-ordinate Bench of this Court on 28.05.2024, with liberty to accused Nos.3 and 4 to file a fresh bail application before the trial Court after examination of CWs.1 and 2, who are the alleged eye-witnesses in the present case. Subsequently, accused Nos.3 and 4 had filed fresh bail application before the trial Court on the ground of delay in trial which was dismissed on 05.04.2025. It is under these circumstances, petitioners are before this Court in these two petitions. 5. Learned Counsel for the petitioners submits that though this Court in Crl.P.No.4389/2024 had directed the - 6 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 trial Court to expedite the matter by framing charges and examine the material charge sheet witnesses at the earliest, till date there is no progress in the case and before the trial Court case is still at the stage of hearing before charge. He submits that petitioners do not have any criminal antecedents and allegation of assaulting the deceased with weapon is only against accused Nos.1 and 2. Accordingly, he prays to allow these petitions. 6. Per contra, learned HCGP and learned Counsel appearing for the defacto complainant have opposed the petitions. They submit that there are two eye-witnesses to the alleged incident in which Akshay Kallege was murdered by the petitioners herein. This Court therefore had dismissed Crl.P.No.4389/2024 and there is no change in circumstance to entertain these bail applications. They submit that the order of appointing a Special Public Prosecutor to this case has been questioned by accused No.1 before this Court in W.P.No.30964/2024 and in the said writ petition there is on order of stay of appointment - 7 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 of SPP and therefore, there is no progress in the trial. Accordingly, they pray to dismiss these petitions. 7. Accused Nos.3 and 4 had earlier approached this Court in Crl.P.No.4389/2024 which was dismissed on merits by the co-ordinate Bench of this Court by order dated 28.05.2024, reserving liberty to accused to file a fresh bail application before the trial Court after examination of CWs.1 and 2 who are the material charge sheet witnesses is completed. While dismissing Crl.P.No.4389/2024, this Court had observed that trial Court may expedite the matter by framing charges and examine the material charge sheet witnesses at the earliest, in view of the fact that accused are in custody. 8. Order sheet of trial Court made available to this Court by learned Counsel for the petitioners would go to show that there is absolutely no progress in the matter before the trial Court and the case is still at the stage of framing charges. Even though accused Nos.3 and 4 had filed bail application before the trial Court on the ground of - 8 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 delay in trial, the learned Sessions Judge, without assigning any reasons for the delay in trial has rejected bail application of accused Nos.3 and 4, on the ground that CWs.1 and 2 who are the material charge sheet witnesses are yet to be examined and accused were granted liberty to file a fresh bail application only after evidence of CWs.1 and 2 is completed. The trial Court has failed to appreciate that this Court while dismissing Crl.P.No.4389/2024 had observed that trial Court may expedite the matter by framing charges and examine the material charge sheet witnesses at the earliest, considering the fact that accused are in custody. 9. Petitioners who have no criminal antecedents are in custody from 07.11.2023. Though, this Court in Crl.P.No.4389/2024 had not specified a time frame for the purpose of framing charges and examining the material charge sheet witnesses, considering the observations made by this Court that the accused are in custody, the trial Court ought to have expedited framing of charges and - 9 - HC-KAR NC: 2025:KHC:26331 CRL.P No. 2656 of 2025 C/W CRL.P No. 6288 of 2025 examination of CWs.1 and 2. Therefore, this Court has no other option but to direct the trial Court to do the said exercise with in the time frame. Accordingly, the following: ORDER The Criminal petition is disposed off, with liberty to the petitioners to file a fresh bail application before the trial Court after examination of CWs.1 and 2 is completed before the trial Court. The trial Court is directed to frame charges and examine CWs.1 and 2 on the priority as expeditiously as possible but not later than a period of four months from the date of receipt of certified copy of this Order, provided the accused cooperate before the trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 24