- 1 - HC-KAR CNR: KAHC010536252026 NC: 2026:KHC:46008 CRL.P No. 11763 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11763 OF 2026 BETWEEN: SRI MOHAMMED TAHSIN S/O SRI MOHAMMED HASIM AGED ABOUT 23 YEARS R/AT ROOM NO.75 HINDUSTAN LODGE HIMALAYAGALLI, GANDHI NAGAR BENGALURU - 560 001 PERMANENTLY R/AT KADVA VILLAGE BIHAR STATE. …PETITIONER (BY SRI SADDAM R MULLA, ADV., FOR SRI TAHIR, ADV.) AND: STATE BY UPPARPET POLICE STATION REP. BY STATE PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX, OPP. VIDHANA SOUDHA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE/GRANT THE REGULAR BAIL TO PETITIONER/ACCUSED NO.1 IN SC NO. 1097/2023 ARISING OUT OF THE CRIME NO.43/2023 REGISTERED BY UPPARPET PS, NOW PENDING BEFORE THE HONBLE LXII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-63) FOR THE ALLEGED OFFENCE U/S 307, 324, 302 OF THE IPC. 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: KAHC010536252026 NC: 2026:KHC:46008 CRL.P No. 11763 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.1097/2023 pending before the Court of LXII Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.43/2023 registered by Upparpet Police Station, Bengaluru City, for the offences punishable under Sections 307, 324, 302 IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.43/2023 was registered by Upparpet Police Station, Bengaluru City, against unknown persons for the aforesaid offences based on the first information dated 01.03.2023 received from Shafeeq Ahamed. In the said case, petitioner was arrested on 02.03.2023 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court was rejected, and therefore, he had approached this Court in Crl.P.No.7769/2023 which was dismissed as withdrawn on 03.10.2023 with liberty to approach - 3 - HC-KAR CNR: KAHC010536252026 NC: 2026:KHC:46008 CRL.P No. 11763 of 2026 this Court afresh after CW-2 to CW-4 are examined before the Trial Court. Subsequently, petitioner had approached this Court in Crl.P.No.8724/2025 which was dismissed as withdrawn with liberty to the petitioner a fresh bail application before the Trial Court on the ground of delay in trial. It is under these circumstances, petitioner had filed a fresh bail application before the Trial Court in Crl. Misc. No.4049/2026, which was rejected 07.05.2026. Therefore, petitioner is before this Court in this successive petition. 4. FIR in the present case is registered against unknown persons. After completing investigation, charge sheet is filed against the petitioner for the aforesaid offences. The allegation against the petitioner is that on the intervening night of 28.02.2023 and 01.03.2023 at about 3.30 a.m., when Shankar, Ravi, Renchi, Sandeep @ Machcha and Kencha were sleeping near the complainant's shop, petitioner assaulted them with a wooden log on their head, and in the said incident, Sandeep @ Machcha had died, while others had suffered injuries. - 4 - HC-KAR CNR: KAHC010536252026 NC: 2026:KHC:46008 CRL.P No. 11763 of 2026 5. In the charge sheet, it is alleged that since the persons sleeping had questioned the petitioner while he was urinating near the place where they were sleeping, he allegedly had assaulted them. 6. Petitioner is in custody in the present case for the last more than 3 years four months. CW-1 was examined in the present case as PW-1 on 10.06.2024. CW-2 to CW-4 are the injured eye-witnesses in the present case. For the last more than two years, though summons is issued to CW-2 to CW-5, till date their presence has not been secured by the prosecution. The order sheet of the Trial Court made available to this Court would go to show that after PW-1 was examined on 10.06.2024, for the last more than two years, there is absolutely no progress in trial and not even a single witness has been examined thereafter. Petitioner is in custody and liberty was granted to him in Crl.P.No.8724/2025 to file a fresh bail application before the Trial Court on the ground of delay in trial. The said order was passed on 14.07.2025. Ever after lapse of more than one year from the date of passing of the order in Crl.P.No.8724/2025, there is no progress in the trial - 5 - HC-KAR CNR: KAHC010536252026 NC: 2026:KHC:46008 CRL.P No. 11763 of 2026 and the bail application filed by the petitioner on the ground of delay is dismissed by the Trial Court. 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. In the present case, the prosecution has cited 43 charge- sheet witnesses and till date, only one witness i.e., CW-1 has been examined. Considering the speed in which the trial is under progress, there cannot be any expectation that the case may be disposed of on merits in the near soon. Under the circumstances, having regard to the period of incarceration undergone by the petitioner in the present case, I am of the - 6 - HC-KAR CNR: KAHC010536252026 NC: 2026:KHC:46008 CRL.P No. 11763 of 2026 opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1097/2023 pending before the Court of LXII Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.43/2023 registered by Upparpet Police Station, Bengaluru City, for the offences punishable under Sections 307, 324, 302 IPC, subject to the following conditions: a) 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; - 7 - HC-KAR CNR: KAHC010536252026 NC: 2026:KHC:46008 CRL.P No. 11763 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 KK