- 1 - HC-KAR NC: 2026:KHC:27326 CRL.P No. 5739 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5739 OF 2026 BETWEEN: 1. BALBAHDDUR CHETRI S/O DEBILAL CHETRI AGED ABOUT 21 YEARS R/AT RAVICHANDRA RENT HOUSE MASTENAHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BANGALORE RURAL - 562 103. 2. ASHOK RAJBONGSHI S/O BIJOY RAJBHONGSHI AGED ABOUT 27 YEARS R/AT MASTENAHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BANGALORE RURAL - 562 103. …PETITIONERS (BY SRI ESHWARA H.H, ADV.) AND: STATE OF KARNATAKA STATE BY JIGANI P.S. RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS ON ORDER OF BAIL ENLARGING THE PETITIONERS IN CR.NO.35/2021 OF JIGANI POLICE, NOW IN S.C.NO.14/2023 AND PENDING BEFORE VI ADDL.DIST. AND SESSIONS JUDGE BENGALURU RURAL DISTRICT FOR THE OFFENCE P/U/S 201,370,371,376D,302 R/W 34 OF IPC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27326 CRL.P No. 5739 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 and 3 in SC No.14/2023 pending before the Court of VI Addl. District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.35/2021 registered by Jigani Police Station, Bengaluru, for the offences punishable under Sections 201, 370, 371, 376D, 302 and 34 of IPC, are before this Court in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.35/2021 was registered by Jigani Police Station, Bengaluru, initially for the offences punishable under Sections 302 and 201 of IPC against unknown persons after the dead body of unknown female was found within the jurisdiction of Jigani Police Station, Bengaluru by the first informant - Chikkannaiah. During the course of investigation, petitioners herein were arrested on 29.07.2021 and remanded to judicial custody. After completing investigation, charge sheet has been - 3 - HC-KAR NC: 2026:KHC:27326 CRL.P No. 5739 of 2026 filed against four persons. Petitioners herein are arrayed as accused Nos.2 and 3 in the charge sheet. Their bail application was rejected before the Trial Court. Therefore, accused No.3 had earlier approached this Court in Crl.P.No.10254/2021, which was dismissed on 14.03.2022. Subsequently, accused Nos.2 and 3 had once again approached this Court in Crl.P.No.8810/2025 which was dismissed on 07.04.2026. It is under these circumstances, petitioners are before this Court in this successive bail application. 4. Learned counsel for the petitioners submits that petitioners are in custody for the last nearly 5 years. There is no much progress in the case. On the ground of delay in trial, their application for grant of regular bail needs to be allowed. 5. Per contra, learned HCGP has opposed the petition. He submits that petitioners' bail application was dismissed as withdrawn before the Co-ordinate Bench of this Court on 07.04.2026 and thereafter, on 08.04.2026, the present petition is filed. He submits that no liberty was granted to petitioners to file a fresh bail application. There is no change in circumstance - 4 - HC-KAR NC: 2026:KHC:27326 CRL.P No. 5739 of 2026 after Crl.P.No.8810/2025, which was dismissed on 07.04.2026. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons, initially for the offences punishable under Sections 302 and 201 of IPC by Jigani Police Station, Bengaluru, after the dead body of an unknown lady was found in a lake, by the first informant. During the course of investigation, accused No.4 was arrested on 23.07.2021 and subsequently, other accused were also arrested. In the charge sheet, which is filed against 4 persons, it is alleged that accused No.4 had brought deceased Supriya Sen from West Bengal to Bengaluru in the year 2020 with a promise to marry her. Thereafter, he had pushed Supriya Sen to his illegal business of prostitution, against her wishes. On 14.02.2021, accused No.4 had allegedly sent Supriya Sen along with accused Nos.1 and 2, who took her in a scooter bearing registration No.KA51 HP1459 to the house belonging to CW26, which is adjacent to the house of accused No.2 and in the said house, accused Nos.1 to 3 committed gang rape on Supriya Sen and subsequently, committed her murder by strangulating her neck using her veil. Charge sheet is - 5 - HC-KAR NC: 2026:KHC:27326 CRL.P No. 5739 of 2026 therefore, filed under Sections 201, 370, 371, 376D, 302 and 34 of IPC against accused Nos.1 to 3. The alleged offences are punishable with life imprisonment or death sentence. The earlier bail application filed by accused No.3 before this Court was dismissed on merits considering the seriousness of the allegations found against the accused. Subsequently, petitioners herein and another had filed Crl.P.No.8810/2025, which was dismissed as withdrawn before the Co-ordinate Bench of this Court on 07.04.2026. Having withdrawn the said petition on 07.04.2026, a fresh bail application is filed on 08.04.2026 without therebeing any change in circumstances. No liberty has been reserved to the petitioners to file a fresh petition in the order that was passed by the Co-ordinate Bench of this Court in Crl.P.No.8810/2025 disposed off on 07.04.2026. 7. Learned HCGP has brought to the notice of this Court that material charge sheet witnesses are being examined before the Trial Court. Therefore, at this stage, if the accused are enlarged on bail, chances of they tampering with the material charge sheet witnesses cannot be ruled out. Considering the - 6 - HC-KAR NC: 2026:KHC:27326 CRL.P No. 5739 of 2026 seriousness of the allegations and the gravity of the offences committed by accused Nos.1 to 3 in the present case, I am of the opinion that delay in trial cannot be the sole reason to enlarge the accused on regular bail, more so, when the trial is at the stage of recording the evidence of material charge sheet witnesses. Under the circumstances, this Criminal petition is dismissed with liberty to the petitioners to revive their bail application before the Trial Court after examination of material charge sheet witnesses is completed before the Trial Court. 8. It is needless to state that the Trial Court as well as the prosecution shall make endeavors to examine the material charge sheet witnesses before the Trial Court on priority. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 62