- 1 - HC-KAR NC: 2026:KHC:35287 CRL.P No. 7969 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.7969 OF 2026 BETWEEN: 1. KIRAN S/O LATE SHIVA MURTHY, AGED ABOUT 22 YEARS, RESIDING AT 2ND CROSS, 6TH BLOCK, NEAR MUTHUMARAMMA TEMPLE, RAJAJINAGARAM, BENGALURU - 560 010. …PETITIONER (BY SRI. A.N. RADHAKRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY TAVAREKERE POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU -560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SC.NO.11/2022 (IN CR.NO.302/2021) ON THE FILE OF THE LRD. III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA FOR OFFENCES P/U/S 302, 394, 324 R/W 34 OF IPC, IN TAVAREKERE P.S. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35287 CRL.P No. 7969 of 2026 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.1 in S.C.No.11/2022 pending before the Court of III Additional District and Sessions Judge, Ramanagara, arising out of Crime No.302/2021 registered by Tavarekere Police Station, Ramanagara, for the offences punishable under Sections 302, 394, 324 read with Section 34 of IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.302/2021 was registered by Tavarekere Police, Ramanagara, initially for the offence punishable under Section 307 read with Section 34 of IPC against six unknown persons based on the first information dated 12.09.2021 received from Sri.Ankur - 3 - HC-KAR NC: 2026:KHC:35287 CRL.P No. 7969 of 2026 Mura, who is one of the injured victims in the present case. During the course of the investigation, the petitioner herein was arrested on 13.09.2021 and remanded to judicial custody. After completing the investigation, charge-sheet has been filed for the aforesaid offences against four persons and the 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 earlier approached this Court in Crl.P.No.1424/2022, which was dismissed by the Co-ordinate bench on 30.05.2022. Subsequently, he had filed a Crl.P.No.6895/2024 along with other accused persons, which was dismissed on 04.09.2024. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, the petitioner is a youngster having no other criminal antecedents. He is in custody for the last more than - 4 - HC-KAR NC: 2026:KHC:35287 CRL.P No. 7969 of 2026 4 years 6 months. The other accused persons have been enlarged on bail by this Court considering their period of incarceration. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader, who has opposed the bail petition, does not dispute the submission made by the learned counsel for the petitioner. He submits that C.Ws.1 to 6 are the eye witnesses in the present case and C.Ws.3 and 4 have been now examined as P.Ws.1 and 2. He submits that the other eye witnesses are required to be examined. Accordingly, prays to dismiss the petition. 6. FIR in the present case was initially registered for the offence punishable under Section 307 read with Section 34 of IPC against six unknown persons based on the first information received from Sri. Ankur Mura, who is one of the injured witnesses in the present case. During the course of the investigation, accused Nos.1 to 4 were arrested and after completing the investigation, charge- - 5 - HC-KAR NC: 2026:KHC:35287 CRL.P No. 7969 of 2026 sheet has been filed against them for the aforesaid offences. 7. As per the charge-sheet allegations, on the night of 12.09.2021, at about 10.30 p.m., accused Nos.1 to 4, who were armed with weapons with an intention to rob the public by threatening them, were traveling in their bikes. On their way, within the jurisdiction of Tavarekere police station, Ramanagara, they had seen CW.1 along with deceased - Manish Kumar Singh and with an intention to snatch money and mobile phone from them, accused Nos.1 to 4 allegedly had stopped their bikes and accused No.2 had assaulted CW.1 on his head. Accused No.1 allegedly assaulted Manish Kumar Singh with a knife. Thereafter, when CW.1-Ankur Mura and Manish Kumar Singh ran towards factory, CWs.2 to 6 tried to intervene and accused Nos.1, 2 and 4 allegedly assaulted them and in the said incident, the injured - Manish Kumar Singh had died and CWs.1 to 6 had suffered simple injuries. - 6 - HC-KAR NC: 2026:KHC:35287 CRL.P No. 7969 of 2026 8. The petitioner, who is now aged about 25 years, is in custody for the last more than 4 years 6 months. Charges in the present case were framed on 28.06.2023 itself and as on this date, only two charge sheet witnesses have been examined out of 45 charge sheet witnesses cited 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 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 No.4 has been granted regular bail by this Court in Crl.P.No.7169/2025 disposed of on - 7 - HC-KAR NC: 2026:KHC:35287 CRL.P No. 7969 of 2026 24.07.2025 and the accused Nos.2 and 3 were granted regular bail by the Co-ordinate bench in Crl.P.No.16004/2025 disposed of on 27.02.2026. Under these circumstances, I am of the opinion that the prayer made by the petitioner, who has no any other criminal antecedents, for grant of regular bail needs to be answered affirmatively, considering his period of incarceration. 11. Accordingly, the following:- ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.11/2022 pending before the Court of III Additional District and Sessions Judge, Ramanagara, arising out of Crime No.302/2021 registered by Tavarekere Police Station, Ramanagara, for the offences punishable under Sections 302, 394, 324 read with Section 34 of IPC, subject to the following conditions: - 8 - HC-KAR NC: 2026:KHC:35287 CRL.P No. 7969 of 2026 a) Petitioner shall execute 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; 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.: 69