- 1 - HC-KAR NC: 2025:KHC:26317 CRL.P No. 6841 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. 6841 OF 2025 BETWEEN: 1. SRI. DILEEP S/O LATE LOKESH, AGED ABOUT 32 YEARS, R/A NO.26, BEHIND AYYAPPA SWAMY, TEMPLE, FOOT OF CHAMUNDI HILL, MYSURU CITY-570009 …PETITIONER (BY SRI. SHIVASHANKARAPPA.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY KRISHNARAJA POLICE STATION, MYSURU CITY, MYSURU DISTRICT. REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 439 OF CRPC (483 OF BNSS) CR.PC BY THE ADVOCATE FOR THE STATE PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.2) ON BAIL IN S.C.NO.148/2021 OF KRISHNARAJA P.S., OFFENCE P/US/ Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26317 CRL.P No. 6841 of 2025 341,504,307,302 R/W SEC.34 OF IPC PENDING BEFORE II ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail in S.C.No.148/2021 pending before the Court of II Additional District and Sessions Judge, Mysuru, arising out of Crime No.13/2021 registered by Krishnaraja Police Station for offences punishable under Sections 341, 504, 307, 302, read with Section 34 of IPC. 2. Heard the learned counsel for the parties. 3. A perusal of material on record would go to show that petitioner had earlier approached this Court seeking regular bail in Crl.P.No.9883/2021 which was disposed of on 04.01.2022. This Court while dismissing Crl.P.No.9883/2021 had observed that CWs.1 and 3 are the eye witnesses to the incident in question and their - 3 - HC-KAR NC: 2025:KHC:26317 CRL.P No. 6841 of 2025 statement under Section 164 Cr.P.C. has also been recorded and therefore it was not a fit case to exercise powers under Section 439 of Cr.P.C. 4. A perusal of the chargesheet would go to show that the allegation of assaulting deceased is only against the petitioner herein and in the alleged incident in question two persons had died. CWs.1 and 3 are the alleged eye witnesses to the incident in question. After dismissal of the Crl.P.No.9883/2021, the petitioner had filed a regular bail application before the Trial Court in S.C.No.148/2021 on the ground of delay in trial and the said application was rejected on 06.11.2024. During the course of hearing of this petition, learned counsel for the petitioner had brought to the notice of this Court that though charges was framed in the present case on 23.12.2022, till date, no witness has been examined before the Trial Court and therefore this Court by order dated 26.06.2025 had called for explanation from the Presiding Officer of the Trial Court. The Presiding Officer - 4 - HC-KAR NC: 2025:KHC:26317 CRL.P No. 6841 of 2025 has now submitted his explanation, wherein he has stated that the delay was as a result of non-cooperation of accused Nos.1 and 2 and now the case is registered for recording of evidence of CWs.1 to 6 and the matter is posted on 01.08.2025 and he has undertaken to conduct and complete the trial expeditiously. 5. Since witness summons has been already issued to the material chargesheet witnesses, at this stage, it is not appropriate to enlarge the petitioner on bail, though he is in custody for the last nearly 4 years and, on the other hand, if the petition is disposed of reserving liberty to the petitioner to file a fresh bail application before this Court after examination of CWs.1 and 3 is completed the same would serve the ends of justice. 6. Accordingly, this petition is disposed of with a direction to expedite the trial in the present case. 7. The Trial Court, shall examine CWs.1 and 3 as expeditiously as possible, but not later than a period of 3 - 5 - HC-KAR NC: 2025:KHC:26317 CRL.P No. 6841 of 2025 months from the date of receipt of the certified copy of this order. 8. Liberty is reserved to the petitioner to file a fresh bail application before this Court after examination of CWs.1 and 3 or if CWs.1 and 3 are not examined before the Trial Court within the time frame mentioned above. Sd/- (S VISHWAJITH SHETTY) JUDGE GSR List No.: 1 Sl No.: 38