- 1 - HC-KAR NC: 2026:KHC:34939 CRL.P No. 6651 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6651 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: SRI. TAMIL A RASAN @ CHINA THAMBI S/O MARIMUTTU AGED ABOUT 24 YEARS R/AT NO.181, 10TH CROSS, 2ND MAIN BANDEGUDISALU, VALMIKI NAGAR CHAMARAJAPETE, BENGALURU-560026 …PETITIONER (BY SRI. ABHILASH GOWDA M.N., ADVOCATE SRI. NANJUNDA GOWDA M R., ADVOCATE) AND: STATE OF KARNATAKA BY CITY MARKET POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI, BENGALURU-560001 …RESPONDENT (BY SRI.VINAY MAHADEVAIAH., HCGP.) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.975/2020 (IN CRIME NO.47/2020 OF CITY MARKET POLICE) FOR THE OFFENCE P/U/S 120(B),302,201 R/W SEC.34 OF IPC NOW WHICH IS PENDING ON THE FILE OF THE LXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-66). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34939 CRL.P No. 6651 of 2026 ORAL ORDER 1. Accused No.1 in S.C.No.975/2020 pending before the Court of LXV Additional City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.47/2020 registered by City Market Police Station, Bengaluru City, for offences punishable under Sections 302, 201, 120B read with Section 34 of IPC, is before this Court in this successive bail petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. 3. FIR in Crime No.47/2020 was registered by City Market Police Station, Bengaluru City, for offences punishable under Section 302 read with Section 34 of IPC against the petitioner and others based on the first information dated 26.02.2020, received from Smt.Jyothi, wife of deceased Ramesh. In the said case, the petitioner was arrested on 27.02.2020. After completing - 3 - HC-KAR NC: 2026:KHC:34939 CRL.P No. 6651 of 2026 investigation of the case, charge sheet has been filed against 4 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 Criminal petition No.1950/2022, which was dismissed as withdrawn by the Co-ordinate Bench of this Court by order dated 01.06.2022, with liberty to the petitioner to approach this Court after examination of the material charge sheet witnesses. Subsequently, petitioner had filed a fresh bail application before the Trial Court in S.C.No.975/2020, which was dismissed on 06.03.2026. Therefore, the petitioner is before this Court. 4. Perusal of the charge sheet material would go to show that, it is the case of the prosecution that deceased Ramesh had enmity with the accused Nos.1 and 2. On 26.02.2020, when accused Nos.1 and 2 were unloading the flower bundles near City Market, Bengaluru, they saw Ramesh standing near the East gate of SKR Complex. Thereafter, they went to the place where Ramesh was - 4 - HC-KAR NC: 2026:KHC:34939 CRL.P No. 6651 of 2026 standing and after quarreling with him, assaulted him with a knife. Injured Ramesh allegedly ran inside the complex and accused Nos.1 and 2 chased him and thereafter, assaulted him with a knife inside the complex. Ramesh, who managed to escape from the complex, collapsed near the South gate of the complex and accused Nos.1 and 2 came there once again and assaulted him and as a result, Ramesh succumbed to the injuries sustained. 5. During the course of investigation, Police had arrested four persons and charge sheet was filed as against them. It is brought to the notice of this Court that an enquiry was held for the purpose of determination of age of accused Nos.1 and 2. Accused No.2 was thereafter directed to be tried as a Juvenile and accused No.1 was tried before the regular Court. 6. According to the prosecution, CW2 to CW8 are the material charge sheet witnesses in the present case. As on this date, out of the 37 charge sheet witnesses cited in the - 5 - HC-KAR NC: 2026:KHC:34939 CRL.P No. 6651 of 2026 present case, 10 charge sheet witnesses have been examined as PW1 to PW10. 7. It is brought to the notice of this Court by learned counsel for the petitioner that all the material charge sheet witnesses have been examined on behalf of the prosecution, but some of them have not been cross examined. Thereafter, an application was filed on behalf of the accused No.1, to recall those witnesses, but from the month of August 2024 onwards, the prosecution has failed to secure the presence of those witnesses. 8. Be that as it may, fact remains that the petitioner, who was aged about 18 years at the time of his arrest, is now in custody for last more than 6 years. It is not in dispute that he has no other criminal antecedents. 9. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another – (2024) 9 SCC 813 at paragraph No.17, has observed as follows: - 6 - HC-KAR NC: 2026:KHC:34939 CRL.P No. 6651 of 2026 "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 nature of the crime". 10. Accused Nos.3 and 4 are already released on bail and accused No.2 is tried as a juvenile accused. 11. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative considering his period of incarceration. Accordingly, the following order: ORDER The criminal petition is allowed. - 7 - HC-KAR NC: 2026:KHC:34939 CRL.P No. 6651 of 2026 The petitioner is directed to be enlarged on bail in S.C.No.975/2020 pending before the Court of LXV Additional City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.47/2020 registered by City Market Police Station, Bengaluru City, for offences punishable under Sections 302, 201, 120B read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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:34939 CRL.P No. 6651 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 DM LIST NO.: 1 SL NO.: 36