- 1 - HC-KAR CNR: KAHC010451012026 NC: 2026:KHC:42131 CRL.P No. 9626 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9626 OF 2026 BETWEEN: SRINIVAS ALIAS SEENA S/O OMKARAPPA AGED ABOUT 27 YEARS R/AT MAGENHALLI VILLAGE SATANAKERE POST, KANNAKATTE H ARISIKERE TALUK HASSAN DISTRICT - 573 103. …PETITIONER (BY SRI SHARATH B. BELAVIGI, ADV.) AND: STATE OF KARNATAKA HEBBGOUDI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. …RESPONDENT (BY SMT. RASHMI JAHDAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.259/2020 REGISTERED BY HEBBAGODI POLICE STATION FOR THE OFFENCE P/U/S 396 OF IPC AND GOT COMMUTED TO SESSIONS COURT AND NUMBERED AS SC NO.5039/2021 WHICH IS PENDING BEFORE III ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU SITTING AT ANEKAL. 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 CNR: KAHC010451012026 NC: 2026:KHC:42131 CRL.P No. 9626 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC No.5039/2021 pending before the Court of III Additional District and Sessions Judge, Bengaluru, sitting at Anekal, arising out of Crime No.259/2020 registered by Hebbagodi Police Station, Bengaluru, for the offence punishable under Section 396 of 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.259/2020 was registered by Hebbagodi Police Station, Bengaluru, for the aforesaid offence against unknown persons based on the first information dated 10.09.2020 received from Murali Mohan, husband of deceased Smt. Shweta. In the said case, petitioner was arrested on 11.10.2020 and remanded to judicial custody. After completing investigation, charge sheet is filed against four persons and petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the Trial Court was earlier rejected - 3 - HC-KAR CNR: KAHC010451012026 NC: 2026:KHC:42131 CRL.P No. 9626 of 2026 and therefore, he had approached this Court in Crl.P.No.1062/2025 which was rejected on 19.02.2025. Subsequently, he had filed a fresh bail application before the Trial Court in SC No.5039/2021, which was dismissed on 19.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that except the present case there were two other criminal cases registered against the petitioner. In the case that was registered against him for the offence punishable under the POCSO Act, he has been acquitted and the only other case pending against him is for the offences punishable under Sections 399 read with Section 402 of IPC. In the said case, he has been enlarged on bail. In the present case, though the petitioner is in custody for the last nearly five years, till date trial in the case has not commenced. The case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition submits that petitioner was present at the spot of crime - 4 - HC-KAR CNR: KAHC010451012026 NC: 2026:KHC:42131 CRL.P No. 9626 of 2026 along with other accused persons and there is recovery of the robbed articles belonging to the deceased from the possession of the petitioner. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons and during the course of investigation, petitioner was arrested on 11.10.2020 and remanded to judicial custody. Charge sheet is filed in the present case against four persons. In the charge sheet, it is alleged that accused Nos.1 to 4 had entered the house of the deceased on 10.09.2020 at about 07.30 p.m. with an intention to commit her murder and rob the valuables from her house. They allegedly had stabbed the deceased with a dragger and had thereafter taken away the gold jewelry, mobile phone, cash etc. from the house of deceased and escaped from the spot of crime. The entire case of the prosecution is based on circumstantial evidence. Petitioner is in custody in the present case for the last nearly five years. The order sheet of the Trial Court made available to this Court would go to show that even as on this date, trial in the case has not commenced. The prosecution has altogether - 5 - HC-KAR CNR: KAHC010451012026 NC: 2026:KHC:42131 CRL.P No. 9626 of 2026 cited 55 charge sheet witnesses in the present case and out of the same, not even a single witness is examined till date. 7. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court 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". 8. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 9. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5039/2021 pending before the Court of III Additional District and Sessions Judge, Bengaluru, sitting - 6 - HC-KAR CNR: KAHC010451012026 NC: 2026:KHC:42131 CRL.P No. 9626 of 2026 at Anekal, arising out of Crime No.259/2020 registered by Hebbagodi Police Station, Bengaluru, for the offence punishable under Section 396 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 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.: 40