- 1 - HC-KAR CNR: KAHC010371502026 NC: 2026:KHC:36175 CRL.P No. 7711 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7711 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: CHINNAPPAIAH @ CHINNASWAMY SANTHARAN S/O SANTHARAN AGED ABOUT 28 YEARS R/AT MANCHANAYAKANAHALLI GRAMA AND BICOMPETTI POST PENNAGARAI TALUK DHARMAPURI DISTRICT TAMIL NADU-636701. …PETITIONER (BY SMT.SHIVAMMA D. FOR SRI. KRISHNE GOWDA M., ADVOCATE ) AND: STATE OF KARNATAKA STATE BY BELLANDUR PS RPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF 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 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010371502026 NC: 2026:KHC:36175 CRL.P No. 7711 of 2026 BEFORE LIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. 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.5 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, is before this Court in this petition 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 of IPC, against unknown persons based on the first information dated - 3 - HC-KAR CNR: KAHC010371502026 NC: 2026:KHC:36175 CRL.P No. 7711 of 2026 19.03.2018 received from one Chandregowda. During the course of investigation, petitioner was arrested on 08.04.2018 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons and the petitioner is arrayed as accused No.5 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected, therefore, he had earlier approached this Court in Crl.P.No.8864/2018 which was dismissed on 12.03.2019. It is under these circumstances, he is before this Court in this successive bail petition. 4. Perusal of the material on record would go to show that allegation in the charge sheet as against accused Nos. 1 to 6 are similar. Accused Nos. 1 and 2 were arrested on 28.03.2018 and have been granted regular bail by this Court in Crl.P.Nos.7700/2026 and 7704/2026 by order dated 03.07.2026 on the ground of delay in trial. Accused No. 4 has been granted regular bail by this Court in Crl.P. - 4 - HC-KAR CNR: KAHC010371502026 NC: 2026:KHC:36175 CRL.P No. 7711 of 2026 No. 11977/2025 by order dated 01.06.2026 on the very same ground. Petitioner is in custody in the present case for the last 8 years. 5. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH vs. STATE OF MAHARASHTRA AND ANOTHER reported in 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". 6. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively - 5 - HC-KAR CNR: KAHC010371502026 NC: 2026:KHC:36175 CRL.P No. 7711 of 2026 subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is 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) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties, out of which one shall be local surety, for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR CNR: KAHC010371502026 NC: 2026:KHC:36175 CRL.P No. 7711 of 2026 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 CM LIST NO.: 1 SL NO.: 57