- 1 - HC-KAR NC: 2025:KHC:26330 CRL.P No. 13333 of 2024 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. 13333 OF 2024 BETWEEN: MR M MURUGAN, AGED ABOUT 38 YEARS, S/O MUTHUNAYAGAM, RESIDING AT 3-71, OM SHIVA SHAKTHI NILAYA, KEREKADU ROAD, KILPADY, DAKSHINA KANNADA DISTRICT, KARNATAKA - 574 154. …PETITIONER (BY SRI. VIKRAM RAJ A., ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY MULKI POLICE STATION, DAKSHINA KANNADA DISTRICT. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PETITIONER TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN SC.NO.91/2022, FOR THE OFFENCE P/U/S 302 OF IPC, WHICH IS REGISTERED IN PURSUANCE OF CR.NO.11/2022 OF MULKI P.S., BY THE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26330 CRL.P No. 13333 of 2024 RESPONDENT POLICE, ON THE FILE OF CIVIL JUDGE AND JMFC COURT, MOODABIDRE, MANGALORE CITY. 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 in S.C.No.91/2022 is pending before the Court of II Additional District and Sessions Judge, Dakshina Kannada District, Mangaluru, arising out of Crime No.11/2022 registered Mulki Police Station, Mangaluru City, for offence punishable under Section 302 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.11/2022 was registered by Mulki Police Station, Mangaluru City, for the aforesaid offence, based on the first information dated 20.03.2022, received from Swathi w/o deceased Harish Salian. - 3 - HC-KAR NC: 2025:KHC:26330 CRL.P No. 13333 of 2024 4. During the course of investigation of the case, petitioner was arrested on 21.03.2022 and subsequently remanded to judicial custody. After completing investigation, charge sheet is filed and the petitioner who is arraigned as accused in the charge sheet is now being tried before the Jurisdictional Sessions Court in S.C.No.91/2022. Bail application filed by the petitioner before the trial Court was dismissed on 07.08.2024. Therefore, petitioner is before this Court. 5. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons. During the course of investigation, petitioner was arrested on 21.03.2022 and subsequently remanded to judicial custody. After completing investigation charge sheet has been filed against him for the aforesaid offence. In the charge sheet it is alleged that on 19.03.2022, at about 9:45 p.m., petitioner had fought with deceased Harish Salian for the reason that he had not repaid the amount which he was due to pay and thereafter - 4 - HC-KAR NC: 2025:KHC:26330 CRL.P No. 13333 of 2024 had assaulted Harish Salian with a cement block and committed his murder. Out of the 67 charge sheet witnesses cited in the present case, till date 22 charge sheet witnesses have been examined as PWs.1 to 22 before the trial Court. The entire case of the prosecution is based on circumstantial evidence. 6. It appears that material charge sheet witnesses have been already examined before the trial Court. Therefore, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses in the present case. Petitioner who has no other criminal antecedents is in custody for the last more than three years. 7. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, has observed as follows: - 5 - HC-KAR NC: 2025:KHC:26330 CRL.P No. 13333 of 2024 "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. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, considering the period of petitioner's incarceration. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.91/2022 is pending before the Court of II - 6 - HC-KAR NC: 2025:KHC:26330 CRL.P No. 13333 of 2024 Additional District and Sessions Judge, Dakshina Kannada District, Mangaluru, arising out of Crime No.11/2022 registered Mulki Police Station, Mangaluru City, for offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be local surety, 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 - 7 - HC-KAR NC: 2025:KHC:26330 CRL.P No. 13333 of 2024 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 19