- 1 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4994 OF 2026 BETWEEN: 1. SUNIL @ THAMILU SUNIL S/O MANI AGED ABOUT 30 YEARS R/AT YALAVATTI VILLAGE SHIVAMOGGA TALUQA DISTRICT - 577 222. 2. PAVAN @ DYANI S/O SUBRAMANI AGED 24 YEARS R/O MALAVAGOPPA VILLAGE SHIVAMOGGA TALUQA DISTRICT - 577 222 PRESENTLY IN JUDICIAL CUSTODY. …PETITIONERS (BY SRI PRATHAP S.S, ADV.) AND: STATE OF KARNATAKA BY THE POLICE INSPECTOR NIYAMATHI POLICE STATION DAVANAGERE - 577 223 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION AND ENLARGE THE PETITIONERS IN REGULAR BAIL IN SC.NO.175/2023 ARISING OUT OF CR.NO.46/2023 REGISTERED BY NYAMATHI P.S., PENDING BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 FOR THE OFFENCES P/U/S 143,147,148,324,326,307,302,120(B),201,212,149 OF IPC. 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 S.C.No.175/2023 pending before the Court of Principal District & Sessions Judge, Davanagere, arising out of Crime no.46 of 2023 registered by Nyamathi Police Station, Davanagere District for offences punishable under Sections 143, 147, 148, 324, 326, 302, 307, 120B, 201, 212 R/w Section 149 of IPC are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime no.46 of 2023 registered by Nyamathi Police Station, Davanagere District initially for the offence punishable under Sections 143, 147, 148, 302, 324, 307 R/w Section 149 of IPC, against 6-7 unknown persons, based on the first information dated 15.03.2023, received from Sri K.H. - 3 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 Sureshappa, who is the father of deceased Anjaneya. In the said case, the petitioners herein were arrested on 16.03.2023 and remanded to judicial custody and after completing investigation, charge sheet has been filed against 19 persons. The petitioners herein are arraigned as accused nos.2 and 3 in the charge sheet. Bail application filed by the petitioners before the jurisdictional Sessions Court was rejected. Therefore, they earlier approached this Court in Crl.P.No.4736/2025 C/w Crl.P.No.4734/2025 which was disposed of on 29.07.2025 with liberty to the petitioners to file a fresh petition before the Sessions Court, if the charges are not framed within a period of three months from the date of receipt of receipt of copy of the order of Crl.P.No.4736/2025. Subsequently, fresh bail application was filed before the Sessions Court in S.C.No.175/2023 which was dismissed on 04.12.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners are in custody from 16.03.2023 onwards. In spite of this Court granting liberty to the petitioners to file a fresh petition before the Trial Court, if charges are not framed within - 4 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 three months from the date of receipt of copy of the order of Cr.P.No.4736/2025, till date, charges are not framed. In other two criminal cases registered against the petitioners they have been granted bail. The petitioners are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that CW.45 - Madhu, is injured eye witness in the present case. The petitioners have committed heinous offence and their earlier bail application was earlier rejected. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons. During the course of investigation, the petitioners were arrested on 16.03.2023 and remanded to judicial custody. After completing investigation, charge sheet is filed against 19 persons and the petitioners herein are arraigned as accused nos.2 and 3 in the charge sheet. The allegation in the charge sheet is that accused persons had a ill- will against the deceased, who was a rowdy-sheeter and was - 5 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 involved in a murder case registered by Vinobanagar Police Station in Crime No.154/2023. It is in this background, they had conspired to commit the murder of deceased Anjaneya and CW.45 Madhu. 7. On 15.03.2023 after receiving information that deceased and CW45 - Madhu were returning in a motorbike, after attending court case, accused persons followed them in their car and after intercepting the two-wheeler in which deceased and Madhu were traveling they allegedly chased the deceased Anjaneya and Madhu and thereafter assaulted them with deadly weapons. 8. The allegation of assaulting deceased and CW45 with deadly weapons is against accused nos.1 to 3 and 6. All other accused except accused nos.1 to 3 and 6 have been enlarged on bail in the present case. 9. Accused nos.2 and 3, who are the petitioners herein had earlier approached this Court in Crl.P.No.4736/2025 which was dismissed by the Coordinate Bench of this Court on 29.07.2025 with liberty to the petitioners therein to file a fresh - 6 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 petition before the Sessions Court, if the charges are not framed within a period of three months from the date of receipt of copy of the order of Crl.P.No.4736/2025. The copy of the order in Crl.P.No.4736/2025 was made available to the Trial Court in the month of November, 2025 itself. In spite of the same, till date, charges have not been framed by the Trial Court in the present case. 10. The prosecution in all cited 131 charge sheet witnesses in the present case. The petitioners are in custody for the last more than three years and three months. It is not in dispute that they have been granted bail in two other criminal cases registered against them earlier. 11. The Hon'ble Supreme Court in the case of SAHIL MANOJ MACHARE V. THE STATE OF MAHARASHTRA - (2026) SCC ONLINE SC 810 wherein the accused was in custody for the almost four years and though charges were framed, witnesses were not examined by the Trial Court, has granted regular bail to the accused solely on the ground of his incarceration. Similar view has been taken by the Hon'ble Supreme Court in the case of SADDAM HUSSAIN M.K & others - 7 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 V. THE UNION OF INDIA - SLP(Crl.)No.2717 of 2025 dated 19.05.2025 12. The charges in the two criminal cases which were earlier registered against the petitioners are not grave in nature. As stated earlier in the said cases, they have been granted bail. 13. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "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". 14. Under the circumstances, I am of the view that without expressing any opinion on merits / demerits of the case the prayer made by the petitioners, for grant of regular bail - 8 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 needs to be answered affirmatively considering the period of their incarceration. 15. Accordingly, the following: ORDER The petitioners are directed to be enlarged on bail in S.C.No.175/2023 pending before the Court of Principal District & Sessions Judge, Davanagere, arising out of Crime no.46 of 2023 registered by Nyamathi Police Station, Davanagere District for offences punishable under Sections 143, 147, 148, 324, 326, 302, 307, 120B, 201, 212 R/w Section 149 of IPC, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties 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; - 9 - HC-KAR NC: 2026:KHC:30346 CRL.P No. 4994 of 2026 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. f) The petitioners shall appear before the SHO of Nyamathi Police Station, Davanagere District between 10.00 a.m, and 01 p.m, on every Sunday of the month, till the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 53