- 1 - HC-KAR NC: 2026:KHC:33426 CRL.P No. 7700 of 2026 C/W CRL.P No. 7704 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. 7700 OF 2026 C/W CRIMINAL PETITION NO. 7704 OF 2026 IN CRL.P No. 7700/2026: BETWEEN: SELVA KUMAR S/O NANJAPPA AGED ABOUT 32 YEARS R/AT GORLAPALAM GRAMA AND BIOCOMPETTI POST PENNAGARAI TALUK DHARMAPURI DISTRICT TAMIL NADU - 636 701. …PETITIONER (BY SRI KRISHNE GOWDA M, ADV.) AND: STATE OF KARNATAKA STATE BY BELLANDUR 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 ENLARGE THE PETITIONER ON BAIL IN CR.NO.95/2018 OF BELLANDUR P.S. NOW IN S.C.NO.1410/2018 FOR THE OFFENCE P/U/S 366,341,342,354(B),376(D),504,506 R/W 149 OF IPC AND PENDING TRIAL BEFORE LIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33426 CRL.P No. 7700 of 2026 C/W CRL.P No. 7704 of 2026 IN CRL.P NO. 7704/2026: BETWEEN: SHANKAR S/O KAVERI AGE ABOUT 25 YEARS R/A GOWRI CHATTIPATI GRAMA AND BICOMPETI POST PENNAGARAI TALUK DHARMAPURI DISTRICT TAMIL NADU - 636 701. ...PETITIONER (BY SRI KRISHNE GOWDA M, ADV.) AND: STATE OF KARNATAKA STATE BY BELLANDUR P.S RPTD. BY STATE PUBLIC PROSEDCUTOR HILGH COURT OF KARNTAKA 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 ENLARGE THE PETITIONER ON BAIL IN CR.NO.95/2018 OF BELLANDUR P.S., NOW IN SC.NO.1410/2018 FOR THE OFFENCES P/U/S 366, 341, 342, 354B, 376D, 504 AND 506 R/W 149 OF IPC AND PENDING TRIAL BEFORE LIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE. THESE PETITIONS, 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.1 & 2 in S.C.No.1410/2018 pending before the Court of LIII Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.95/2018 registered by Bellanduru Police - 3 - HC-KAR NC: 2026:KHC:33426 CRL.P No. 7700 of 2026 C/W CRL.P No. 7704 of 2026 Station, Bengaluru City, for the offences punishable under Sections 366, 341, 342, 354B, 376D, 504 & 506 read with 149 IPC, are before this Court in these two petitions filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.95/2018 was registered by Bellanduru Police Station, Bengaluru City, initially for the offences punishable under Sections 363, 34 IPC, against unknown persons based on the first information dated 19.03.2018 received from one Chandregowda. During the course of investigation, petitioners herein were arrested on 28.03.2018 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons. Petitioners herein are arrayed as accused nos.1 & 2 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was earlier rejected, and thereafter they had approached this Court in Crl.P.No.1192/2019 & Crl.P.No.8980/2018 which were dismissed by the coordinate bench of this Court on 19.08.2019 - 4 - HC-KAR NC: 2026:KHC:33426 CRL.P No. 7700 of 2026 C/W CRL.P No. 7704 of 2026 and 12.03.2019, respectively. It is under these circumstances, they are before this Court in this successive bail petitions. 4. Learned Counsel for the petitioners submits that petitioners are in custody for the last more than eight years. Out of 83 charge-sheet witnesses, as on this date only 14 charge-sheet witnesses have been examined. The victim girl and material charge-sheet witnesses have been already examined, and therefore, there cannot be any apprehension that petitioners may tamper with the material charge-sheet witnesses. He submits that under similar circumstances, accused no.4 has been granted regular bail by this Court in Crl.P.No.11977/2025 disposed of on 01.06.2026. 5. Learned HCGP who has opposed the petition, submits that petitioners have committed heinous offences and the trial is already under progress. Petitioners hail from Tamil Nadu and in the event they are enlarged on bail, they may flew away from justice. Accordingly, he prays to dismiss the petition. 6. The allegations as against accused nos.1 to 6 is similar in the charge sheet. Petitioners are in custody in the present case - 5 - HC-KAR NC: 2026:KHC:33426 CRL.P No. 7700 of 2026 C/W CRL.P No. 7704 of 2026 for the last more than eight years. Out of the 83 charge-sheet witnesses cited in the present case, as on this date, the prosecution has examined only 14 charge-sheet witnesses. 7. Learned Counsel for the petitioners has brought to the notice of this Court that the victim girl and other material witnesses have been already examined. Therefore, there cannot be any apprehension that petitioner may tamper with the material charge-sheet witnesses. 8. Accused nos.3 & 6 as against whom similar allegations are found, have been granted regular bail in the present case by the Trial Court. Accused no.4 has been granted bail by this Court in Crl.P.No.11977/2025 disposed of on 01.06.2026 considering the period of his incarceration in the present case. 9. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the - 6 - HC-KAR NC: 2026:KHC:33426 CRL.P No. 7700 of 2026 C/W CRL.P No. 7704 of 2026 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". 10. The apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions. Under the circumstances, I am of the opinion that petitioners' prayer for grant of regular bail is required to be answered affirmatively on ground of their incarceration. Accordingly, the following order: 11. The petitions are allowed. The petitioners are directed to be enlarged on bail in S.C.No.1410/2018 pending before the Court of LIII Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.95/2018 registered by Bellanduru Police Station, Bengaluru City, for the offences punishable under Sections 366, 341, 342, 354B, 376D, 504 & 506 read with 149 IPC, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties, out of - 7 - HC-KAR NC: 2026:KHC:33426 CRL.P No. 7700 of 2026 C/W CRL.P No. 7704 of 2026 which one shall be local surety, 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 KK