- 1 - HC-KAR NC: 2026:KHC:34503 CRL.P No. 7570 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7570 OF 2026 BETWEEN: GEORGE CHEZLAIN S/O RAJAN G AGED ABOUT 26 YEARS R/AT SHIVASHREE NILAYA 6TH CROSS, BHYRATHI CROSS BHYRATHI, BENGALURU - 45. …PETITIONER (BY SRI NARAYANA SWAMY M, ADV.) AND: THE STATE BY K.G.HALLI .P.S BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT 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 OR GRANT THE PETITIONER WHO IS ACCUSED NO.1 ON BAIL IN CR.NO.254/2021 IN S.C.NO.1619/2021 FOR THE OFFENCE P/U/S 302,201,120(B) R/W 34 OF IPC OF KADUGONDANAHALLY P.S. PENDING ON THE FILE OF THE COURT OF THE XXVI ADDL.CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34503 CRL.P No. 7570 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.1619/2021 pending before the Court of XXVI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.254/2021 registered by Kadugondana Halli Police Station, Bengaluru, for the offences punishable under Sections 302, 201, 120B and 34 of IPC, is 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.254/2021 was registered by Kadugondana Halli Police Station, Bengaluru, initially for the offence punishable under Section 302 of IPC, against unknown persons based on the first information dated 31.08.2021. During the course of investigation, petitioner herein was arrested on 06.09.2021 and remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court was rejected and therefore, he had approached this Court in - 3 - HC-KAR NC: 2026:KHC:34503 CRL.P No. 7570 of 2026 Crl.P.No.831/2023, which was dismissed for non-prosecution on 04.04.2024. Subsequently, petitioner had approached this Court in Crl.P.No.10919/2025 which was also dismissed for non-prosecution on 25.04.2026. It is under these circumstances, petitioner is before this Court in this successive bail petition. 4. Learned counsel for the petitioner submits that petitioner is in custody in the present case for the last 4 years and 10 months. All the material charge sheet witnesses have been examined. Under similar circumstances, accused No.2 has been granted regular bail by this Court in Crl.P.No.7534/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition submits that petitioner is a person with criminal antecedents. Accordingly, he prays to dismiss the petition. 6. This Court while granting regular bail to accused No.2 in Crl.P.No.7534/2025 by order dated 30.06.2025 in paragraph Nos.7 to 11, has observed as follows:- - 4 - HC-KAR NC: 2026:KHC:34503 CRL.P No. 7570 of 2026 "7. FIR in the present case was initially registered against unknown persons. During the course of investigation, accused Nos.1 and 2 were arrested and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against three accused and petitioner herein is arraigned as accused No.2 in the charge sheet filed for the aforesaid offences. Perusal of the charge sheet allegation would go to show that, the deceased Ravikumar had teased accused No.1 as against whom a criminal case was registered for having raped a lady. The deceased allegedly had called accused No.1 as a 'rapist' and in this background accused No.1 and his brother accused No.2 had fought with the deceased and they nurtured vengeance against him. 8. On 31.08.2021 accused No.3 allegedly had informed the whereabouts of the deceased to accused Nos.1 and 2, who allegedly went to the spot, where the deceased was along with CWs.2 and 3 and thereafter assaulted him with deadly weapons and committed his murder. Subsequently, CWs.2, 3 and 12 allegedly shifted the injured Ravikumar to a hospital. However, he was declared 'bought dead'. 9. CWs.2, 3 and 12 are the material charge sheet witnesses in the present case. CW.2, CW.3 and - 5 - HC-KAR NC: 2026:KHC:34503 CRL.P No. 7570 of 2026 CW.12 have been already examined before the Trial Court and according to learned counsel for the petitioner the said witnesses have not supported the case of the prosecution and they are treated as hostile witness and cross-examined by the prosecution. 10. Be that as it may, the fact remains that material charge sheet witnesses have been already examined in the case. The petitioner is in custody for the last nearly three years 9 months. Since the material charge sheet witnesses are already examined there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. 11. The Hon'ble Apex 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 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 - 6 - HC-KAR NC: 2026:KHC:34503 CRL.P No. 7570 of 2026 for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime"." 7. In the earlier three criminal cases registered against the petitioner, undisputedly, he has been granted bail and two out of three earlier criminal cases are registered for petty offences. Under the circumstances, I am of the opinion that the prayer made by the petitioner, who is in custody for the last 4 years and 10 months, for grant of regular bail, needs to be answered affirmatively on the ground of his incarceration. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1619/2021 pending before the Court of XXVI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.254/2021 registered by Kadugondana Halli Police Station, Bengaluru, for the offences punishable under Sections 302, 201, 120B and 34 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the - 7 - HC-KAR NC: 2026:KHC:34503 CRL.P No. 7570 of 2026 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; 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 DN List No.: 1 Sl No.: 70