- 1 - HC-KAR NC: 2026:KHC:33210 CRL.P No. 6810 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.6810 OF 2026 BETWEEN: JAYANUL ALI @ JAINUL ALI @ BABU S/O JINNAD ALI AGED ABOUT 30 YEARS R/AT UPPARAPALLI VILLAGE NEAR MADESHWARA TEMPLE THALI MAIN ROAD HOSUR TAMIL NADU - 635109 …PETITIONER (BY SRI.DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE FOR SRI.NAVEEN KUMAR G M, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER VIDYARANYAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 01 …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33210 CRL.P No. 6810 of 2026 THIS CRL.P IS FILED U/SEC.439 CR.P.C (U/SEC.483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CR.NO.267/2022 IN SC.NO.464/2023 REGISTERED BY VIDYARANYAPURA P.S., FOR THE OFFENCES P/U/SEC.302 AND 34 OF IPC, PENDING BEFORE THE HONBLE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU AND ETC. 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 No.2 in S.C.No.464/2023 pending before the Court of LXII Additional City Civil and Sessions Judge, Bengaluru arising out of the Crime No.267/2022 registered by the Vidyaranyapura Police Station, Bengaluru for the offences punishable under Section 302 read with 34 of IPC is before this Court in this successive bail petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2026:KHC:33210 CRL.P No. 6810 of 2026 3. FIR in Crime.No.267/2022 was registered by the Vidyaranyapura Police Station, Bengaluru for the aforesaid offences against Smt.Devi Tomanga and the petitioner herein based on the first information dated 06.11.2022 from Vishal Tamanga, relative of the deceased Rakesh Tomanga. During the course of investigation, accused Nos.1 and 2 were arrested on 07.11.2022 and after completing investigation, charge sheet has been filed against them for the aforesaid offences. The bail application filed by accused Nos.1 and 2 before the trial Court was rejected and therefore, they had earlier approached this Court in Crl.P.No.7782/2023, which was dismissed as withdrawn with a request to the trial Court to expedite the trial and dispose of the case at the earliest. Subsequently, the petitioner had filed a fresh bail application before the trial Court in Crl.Misc.No.2717/2026, which was rejected on 04.04.2026. Therefore, he is before this Court. - 4 - HC-KAR NC: 2026:KHC:33210 CRL.P No. 6810 of 2026 4. Learned counsel for the petitioner submits the as on this date, 14 charge sheet witnesses including material charge sheet witnesses have been examined out of the 33 charge sheet witnesses cited in the present case. Accused No.1 has been granted regular bail by this Court in Crl.P.No.115/2025, which was disposed on 24.04.2025. The petitioner having no criminal antecedents is in judicial custody for more than 3½ years. Accordingly, prays to allow the petition. 5. The deceased Rakesh Tomanga was the husband of accused No.1. It is alleged that accused No.1 had illicit relationship with the petitioner and after coming to know about the same, Rakesh Tomanga had quarreled with accused Nos.1 and 2 and therefore, accused Nos.1 and 2 allegedly conspired to commit the murder of Rakesh Tomanga and on 05.11.2022, when Rakesh Tomanga was sleeping inside the house, accused No.1 summoned the petitioner and thereafter accused Nos.1 and 2 allegedly strangulated Rakesh Tomanga and committed his murder. - 5 - HC-KAR NC: 2026:KHC:33210 CRL.P No. 6810 of 2026 The allegation in the charge sheet is that accused No.2 strangulated the neck of the deceased, while accused No.1 held his hands and legs. 6. The entire case of the prosecution is based on circumstantial evidence. Out of the 33 charge sheet witnesses cited in the present case, as on this date, 14 charge sheet witnesses are stated to have been examined as P.Ws.1 to 14. Accused No.1 was granted regular bail by this Court in Crl.P.115/2025, which was disposed of on 24.04.2025, considering the period of her incarceration and the fact that she was a lady aged 46 years. Though more than a year has lapsed thereafter, there is no progress in the case and not even a single witness has been examined by the prosecution during the said period. It is not in dispute that the petitioner has no other criminal antecedents. He is in custody for last more than 3½ years. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA reported - 6 - HC-KAR NC: 2026:KHC:33210 CRL.P No. 6810 of 2026 in (2024) 9 SCC 813 held in paragraph No.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 that the crime committed is serious. Article 21 of the Constitution applies irrespective of the natural of the crime." 7. In view of the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits or demerits of the case, solely considering the period of his incarceration. 8. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. - 7 - HC-KAR NC: 2026:KHC:33210 CRL.P No. 6810 of 2026 (ii) The petitioner is directed to be enlarged on bail in Crime No.267/2022 registered by the Vidyaranyapura Police Station, Bengaluru for the offences punishable under Section 302 read with 34 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, 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; - 8 - HC-KAR NC: 2026:KHC:33210 CRL.P No. 6810 of 2026 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 51