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2026 DAILYLAW 21444 (KAR)

BALAJI SINGH v. STATE OF KARNATAKA

CRL.P/15178/2025 · 2026-06-15

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3626 OF 2026 (439(Cr.PC) / 483(BNSS) C/W CRIMINAL PETITION NO. 15178 OF 2025 (439(Cr.PC) / 483(BNSS) C/W CRIMINAL PETITION NO. 2235 OF 2026 (439(Cr.PC) / 483(BNSS) IN CRL.P.No.3626/2026: BETWEEN: NAVEEN KUMAR S/O RAVI, AGED ABOUT 21 YEARS, R/AT VIJAYANAGAR, BANGARPET TOWN KOLAR DISTRICT-562 102. (ACCUSED IN JUDICIAL CUSTODY FROM 17-6-2022) …PETITIONER (BY SRI. RAMA MURTHY N., ADVOCATE) AND: THE STATE OF KARNATAKA BY MULABAGALU TOWN POLICE, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN SPL.C.C.NO.2857/2022 FOR THE OFFENCES P/U/S 143, 147, Digitally signed by VANDANA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 148, 114, 116, 118, 212, 120B, 302 R/W 149 OF IPC AND SEC. 3(1)(i), 3(4) OF KARNATAKA CONTROL OF ORGANIZED CRIMES ACT 2000, ARISING OUT OF CR.NO.80/2022, REGISTERED BY MULABAGILU TOWN POLICE, WHICH IS NOW PENDING ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. IN CRL.P.NO.15178/2025: BETWEEN: BALAJI SINGH S/O LATE RAJKUMAR, AGED ABOUT 27 YEARS R/A BESIDE SAI BABA TEMPLE NEAR WATER TANK, BANGARPET TOWN, KOLAR DISTRICT-563101 ...PETITIONER (BY SMT. RAKSHITH R., ADVOCATE) AND: STATE OF KARNATAKA BY MULABAGILU PS REP BY SPP HIGH COURT OF KARNATAKA AT BENGALURU - 01 ...RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.80/2022 FOR THE OFFENCES P/U/S 143, 147, 148, 114, 116, 118, 212, 120B, 302, 201 R/W 149 OF IPC AND SEC. - 3 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 3(1)(i) and 3(4) OF KARNATAKA CONTROL OF ORGANISED CRIME ACT, 2000 OF MULABAGILU POLICE STATION PENDING ON THE FILE OF THE LEARNED PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU BEARING SPL.C.C.NO.2857/2022. IN CRL.P NO.2235/2026: BETWEEN: 1. SRI MAHESH @ MUKKA S/O LATE BALARAJ, AGED ABOUT 26 YEARS, R/AT GANESHPALYA, MULABAGILU TOWN, MULABAGALA TALUK, KOLAR DISTRICT-562 102. 2. SRI. ABHINANDA S/O RANGAPPA, AGED ABOUT 24 YEARS, R/AT KARAHALLIDINNE MANE, BANGARPET TALUK, KOLAR DIST-563114 ...PETITIONERS (BY SRI. RAMA MURTHY N, ADVOCATE) AND: THE STATE OF KARNATAKA BY MULABAGALU TOWN POLICE, REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560 001. ...RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THEM ON BAIL IN SPL.C.C.NO.2857/2022 FOR THE OFFENCE P/U/S 143, 147, - 4 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 148, 114, 116, 118, 212, 120B, 302, 201 R/W 149 OF IPC AND SEC.3(1)(i) AND 3(4) OF KARNATAKA CONTROL OF ORGANIZED CRIME ACT 2000 ARISING OUT OF CR.NO.80/2022 REGISTERED BY MULABAGILU TOWN POLICE WHICH IS NOW PENDING ON THE FILE OF PRL.CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU. THESE PETITIONS ARE 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.5, 6, 10 and 11 in Spl.C.C.No.2857/2022 pending before the Court of the Prl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.80/2022 registered by the Mulbagal Town Police Station, Kolar for the offences punishable under Sections 143, 147, 148, 114, 116, 118, 212, 120B, 302, 201 R/W 149 of IPC and Sections 3(1)(i), 3(2), 3(3) and 3(4) OF Karnataka Control of Organized Crimes Act, 2000 (hereinafter referred to as ‘the Act of 2000’ for short) are before this Court in the successive bail applications filed under Sections 483 of BNSS, seeking regular bail. - 5 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 2. Heard learned counsel for the petitioners and learned counsel for the respondent – State. 3. FIR in Crime No.80/2022 was registered by the Mulbagal Town Police Station, Kolar, initially for the offences punishable under Sections 143, 147, 148, 302 and 149 of IPC against Jagan and others based on the first information dated 07.06.2022 received from Smt.Nirupama, wife of deceased Jagan Mohan Reddy. During the course of investigation, accused No.5 was arrested on 19.07.2022, accused Nos.6, 10 and 11 were arrested on 26.06.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against 16 persons and petitioners herein are arrayed as accused Nos.5, 6, 10 and 11 in the Charge Sheet. Accused Nos.5, 6 and 10 approached this Court earlier in Crl.P.No.11755/2024 seeking regular bail, which was dismissed as withdrawn vide order dated 21.02.2025 with liberty to file fresh petition after material charge sheet witnesses are examined. Accused No.11 had also approached this Court earlier in Crl.P.No.12151/2023, which was also dismissed as withdrawn vide order dated 11.12.2023 with liberty to file fresh - 6 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 petition after material charge sheet witnesses are examined. On the ground of delay in trial, the petitioners had filed fresh bail applications before the Trial Court, which was rejected. Thereafter, they had approached this Court in the successive bail applications. 4. Learned counsel for the petitioner submits that allegations as against accused No.2 and the petitioners herein are similar in the charge sheet. Accused No.2, who was a person with criminal antecedents has been granted regular bail by this Court in Crl.P.No.11924/2025 on the ground of delay in trial. Accused Nos.6, 10 and 11 have no other criminal antecedents. Two criminal cases were pending against accused No.5 and he has been now acquitted in both the cases. Except the present case, no cases are pending against the petitioners. Accordingly, they prayed to allow the petitions. 5. Per contra, learned Addl. SPP has opposed the petitions and submitted that considering the background of the accused and also the manner in which crime was committed, the offences under the Act of 2000 have been invoked in the - 7 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 present case. However, she does not dispute the submissions made by the learned counsel for the petitioners. 6. FIR in the present case was registered against accused Nos.1 and 2, who are direct brothers, since the wife of the deceased suspected their hand in the death of her husband, who had enmity with them. During the course of investigation, petitioners herein were arrested on the aforesaid dates and after completing investigation, charge sheet has been now filed against 16 persons. 7. As per the charge sheet allegations since accused Nos.1 and 2 had ill-will against the deceased, they allegedly conspired with the other accused persons and in furtherance of such conspiracy, accused Nos.2, 5, 6, 10 and 11 who were armed with weapons arrived at the spot of the crime on the early morning of 07.06.2022 and had assaulted the deceased – Jagan Mohan Reddy with the said weapons and committed his murder. Allegations found in the charge sheet as against accused Nos.2, 5, 6, 10 and 11 are similar. There are no eye witnesses to the alleged incident in which the aforesaid accused had assaulted Jagan Mohan Reddy. Accused No.2, who was - 8 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 also a person with criminal antecedents had approached this Court in Crl.P.No.11924/2025 seeking regular bail. Accused No.2 was also arrested in the present case on 26.06.2022. Considering the period of his incarceration and also the stage of the case, this Court granted regular bail to accused No.2 in Crl.P.No.11924/2025 by order dated 04.02.2026. As on the said date, case before the Trial Court in Spl.C.C.No.2857/2022 was at the stage of framing charges. Even on the this date, the case before the Trial Court is at the stage of framing charges, which would go to show that there is absolutely no progress in the case before the Trial Court. The prosecution in all has cited 124 witnesses in the present case and as on this date not even single charge sheet witnesses has been examined in the case. 8. In Javed Gulam Nabi Shaikh Vs. State of Maharashtra – (2024) 9 SCC 813, the Hon’ble Apex Court at paragraph 17 has observed as follows: “17. 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 - 9 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime.” 9. Accused Nos.6, 10 and 11 are persons without any criminal antecedents and accused No.5, who was involved in two other crimes is said to have been acquitted in the said case as on this date. Considering the aforesaid aspects of the matter more so the period of petitioners’ incarceration for the last four years, I am of the view that their prayer for grant of regular bail is to be answered in the affirmative. 10. The petition is allowed. The petitioners – accused Nos.5, 6, 10 and 11 are directed to be enlarged on bail in Spl.C.C.No.2857/2022 pending before the Court of the Prl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.80/2022 registered by the Mulbagal Town Police Station, Kolar for the offences punishable under Sections 143, 147, 148, 114, 116, 118, 212, 120B, 302, 201 R/W 149 of IPC and Sections 3(1)(i), 3(2), 3(3) and 3(4) OF Karnataka Control of Organized Crimes Act, 2000, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each - 10 - HC-KAR NC: 2026:KHC:28788 CRL.P No. 3626 of 2026 C/W CRL.P No. 15178 of 2025 CRL.P No. 2235 of 2026 for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SV List No.: 1 Sl No.: 71