- 1 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9588 OF 2026 BETWEEN: CHANDAN @ KARIYA S/O. SRINIVAS AGED ABOUT 23 YEARS, R/AT HALASINAMARADODDI VILLAGE, SATHANUR HOBLI, KANAKPURA TALUK, RAMANAGARA DISTRICT - 562 159. …PETITIONER (BY SRI. M. SRIDHAR, ADVOCATE FOR SMT. SHRAVANI SHARMA, ADVOCATE) AND: THE STATE OF KARNATAKA BY SATHANUR POLICE STATION, KANAKAPURA TALUK RAMANAGAR DISTRICT - 562117. REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 of 2026 CONNECTION WITH CR NO.326/2022 OF SATHANUR POLICE STATION PENDING IN SC NO.5032/2023 ON THE FILE OF THE HONBLE II ADDL.DISTRICT AND SESSIONS JUDGE KANAKAPURA FOR THE OFFENCES P/U/S 114, 302, 504 AND 506 R/W 34 OF IPC. 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.2 in SC No.5032 of 2023 pending before the Court of II Additional District and Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.326 of 2022 registered by Sathanoor Police Station, Ramanagara for the offences punishable under Section 114, 302, 504 and 506 read with Section 34 of IPC, 1860, 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 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 of 2026 3. FIR in Crime No.326 of 2022 registered by Sathanoor Police Station, Ramanagara against Gopal and eight others, based on the first information dated 22.12.2022 received from Smt.Shanthamma, wife of Late.Ramesh. Petitioner who was arraigned as accused No.2 in the FIR was arrested in the present case on 23.12.2022 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against accused Nos.2, 3, 4 and 11 named in the FIR. Insofar as the other accused persons are concerned, liberty was reserved to file an additional charge sheet. Petitioner's bail application filed before the Trial Court was rejected and therefore, he had earlier approached this Court in Criminal Petition No.4225 of 2024, which was dismissed by the Co-ordinate Bench of this Court on 05.07.2024. Subsequently, the petitioner had filed a fresh bail application before the Trial Court in Crl.Misc.No.5204 of 2024, which was dismissed on - 4 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 of 2026 14.08.2024. It is under the circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that the allegation as against accused Nos.2 and 3 in the present case is similar. Accused No.3 has been granted regular bail by this Court in Criminal Petition No.5146 of 2025 on 28.04.2025, though the charge sheet was filed against four persons, reserving liberty to file additional charge sheet, so far as the other accused named in the FIR, till date no additional charge sheet is filed. He submits that out of the 63 charge sheet witnesses cited in the present case, only 16 charge sheet witnesses are examined as on this day. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by learned counsel for the petitioner, however brings to the notice of this Court that the - 5 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 of 2026 petitioner is a person with criminal antecedent and there are three other criminal cases registered against him. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against nine persons. After completing investigation, charge is filed against accused Nos.2, 3, 4 and 11. Accused Nos.2 and 3 are the children of accused Nos.4 and 11. It appears that there was a civil dispute between two parties. In this background there was a frequent quarrel and fight between them. 7. As per the charge sheet allegations on the alleged date of incident, accused Nos.4 and 11 had instigated accused Nos.2 and 3, who are their children to assault the deceased-Murthy and commit his murder. Allegation of assaulting Murthy with weapons is found in the charge sheet as against accused Nos.2 and 3. CW2 to CW5 are said to be the eyewitnesses to the incident in question. CW2, CW3 and CW5 are now examined before - 6 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 of 2026 the Trial Court as PW2, PW3 and PW9. CW4 is dropped as a witness before the Trial Court. Out of the 63 charge sheet witnesses, till date, only 16 charge sheet witnesses have been examined. Since material charge sheet witnesses have already been examined there cannot be any apprehension that the petitioner may tamper with the said witnesses. The other three criminal cases which were registered against the petitioner were at the instance of the deceased/Murthy and allegations found in the said criminal cases are not grave in nature. Accused No.3 against whom similar allegations are found in the charge sheet has been granted regular bail by this Court in Criminal Petition No.5146 of 2025, vide order dated 28.04.2025 on the ground of delay in trial. 8. The 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, the Hon'ble Supreme Court has observed as follows: - 7 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 of 2026 "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". 9. Petitioner, who is an agriculturalist is in custody in the present case for the last more than 3 years and six months. Considering the aforesaid aspects of the matter and also taking into consideration of the period of petitioner's incarceration, I am of the opinion that his prayer for grant for regular bail needs to be answered affirmatively. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5032 of 2023 pending before the Court of II Additional District and - 8 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 of 2026 Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.326 of 2022 registered by Sathanoor Police Station, Ramanagara for the offences punishable under Section 114, 302, 504 and 506 read with Section 34 of IPC, 1860, 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; - 9 - HC-KAR CNR: KAHC010448462026 NC: 2026:KHC:42724 CRL.P No. 9588 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 AMM List No.: 1 Sl No.: 70