CRM-M-26775-2026 1 212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26775-2026 Date of Decision: 02.09.2026 VABBALAREDDY KARTHIK ...Petitioner Vs. STATE OF PUNJAB ...Respondent CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Devansh Khanna, Advocate for the petitioner. Ms. Navreet Kaur, AAG, Punjab. VIRINDER AGGARWAL , J. (Oral) 1. The present second petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to Section 439 Cr.P.C., has been filed for grant of regular bail to the petitioner in FIR No. 73 dated 02.05.2025, registered under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 302 IPC), to which Sections 317(2) and 238 of the BNS, 2023 (corresponding to Sections 411 and 201 IPC, respectively) were added later on, at Police Station Division No. 6, Jalandhar, District Jalandhar, Punjab, during the pendency of the trial. 2. As per the prosecution version, the present FIR was registered on the statement of complainant Bhim Sain Duggal, resident of Mota Singh Nagar, Jalandhar. The complainant stated that he was residing with his wife, namely Vinod Kumari Duggal, aged about 69 years, whereas his two sons, namely Manu Duggal and Veenu Duggal, were residing in Australia with their respective families. On 01.05.2025 at about 12:00 noon, the complainant left his house for purchasing household articles, while his wife remained alone at home and had bolted the main gate from inside. At about 2:00 p.m., when the complainant returned, his wife did not open the gate despite his ringing the KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26775-2026 2 doorbell and calling her. In the meantime, his neighbour Deepak Chopra also reached there and, after scaling the boundary wall, entered the house along with the complainant. They found Vinod Kumari Duggal lying on the floor of the adjoining drawing room in an unconscious condition and her body was cold. Thereafter, their neighbour Dr. Daljit Chauhan was called, who, upon examination, declared her dead and stated that she had died about an hour earlier. The complainant further stated that upon checking the dead body, he noticed that gold bangles/bracelets and gold rings were missing from the person of his wife. Her mobile phone was also found switched off. Accordingly, the complainant expressed suspicion that, during his absence, some unknown person(s) had committed the murder of his wife and had taken away her jewellery and mobile phone. On the basis of the aforesaid statement, the present FIR was registered against unknown person(s). As regards the involvement of the petitioner, the prosecution case is that on 04.05.2025, a secret informer conveyed information to ASI Kulwinder Singh regarding the involvement of the petitioner in the present case. On the basis of the said secret information, the petitioner was arrested on 04.05.2025 at about 7:00 p.m. near the gate of Lovely Professional University (LPU). During investigation, the petitioner allegedly suffered a disclosure statement, pursuant to which, on 07.05.2025, a plastic polythene bag was recovered from underneath an under-construction bridge near Kings Windsor. From the said black-coloured plastic polythene bag, one mobile phone make VIVO, two gold bangles/kadas and two gold rings were allegedly recovered. The prosecution relies upon the said recovery as link evidence connecting the petitioner with the commission of the alleged offence. KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26775-2026 3 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is in custody since 04.05.2025. It is further submitted that the petitioner had earlier applied for regular bail before the learned Trial Court on three occasions, however, all the said applications were dismissed, the last such application having been dismissed vide order dated 14.07.2025. Learned counsel further submits that thereafter the petitioner approached this Court by way of CRM-M-53345 of 2025 seeking the concession of regular bail. However, the said petition was dismissed as withdrawn vide order dated 24.03.2026 and the present petition is being filed in the changed circumstances and on the basis of the material and grounds available to the petitioner. 3.1 Learned counsel submits that the prosecution case is based entirely on circumstantial evidence and there is no eye-witness to the alleged occurrence. The FIR itself was initially registered against unknown person(s) and the petitioner was subsequently implicated on the basis of an alleged secret information received by ASI Kulwinder Singh. It is further submitted that there is no material establishing the presence of the petitioner at or near the place of occurrence at the relevant time. Though the prosecution has relied upon the entry and exit details of Lovely Professional University, the investigating agency has not collected the relevant tower location/CDR data of the mobile phone of the petitioner, despite his mobile phone having allegedly been recovered during investigation. 3.2 Learned counsel further submits that the alleged recovery of one VIVO mobile phone, two gold bangles/kadas and two gold rings was effected pursuant to the disclosure statement of the petitioner. However, there is no KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26775-2026 4 scientific evidence, including fingerprints or other forensic evidence, connecting the petitioner with the place of occurrence. It is also submitted that the prosecution has not established that the allegedly recovered ornaments were in fact gold or that the same belonged to the deceased. It is further submitted that the alleged motive attributed to the petitioner is also not substantiated by any independent evidence. Though the prosecution has referred to certain loans allegedly taken by the petitioner, the statements of the concerned persons have not been recorded to establish the alleged financial difficulty or motive. 3.3 Learned counsel submits that the petitioner is a bright student pursuing B.Tech. in Computer Science and was studying in the fourth semester. His continued incarceration would serve no useful purpose, particularly when the case is based upon circumstantial evidence and the material relied upon by the prosecution is yet to be proved during trial. Learned counsel further submits that the petitioner has already undergone substantial incarceration and the trial is likely to take considerable time. 4. Custody certificate dated 01.09.2026 has been filed by learned State counsel in Court today, which is taken on record, subject to all just exceptions according to which the petitioner has already undergone a total custody period of 01 year 03 months and 24 days. Status report by way of affidavit of ACP, Model Town, Jalandhar, on behalf of respondent/State has been filed in Court today, which is taken on record, copy of the same has been supplied to the counsel opposite. 5. Learned State counsel opposes the prayer for regular bail and submits that the allegations against the petitioner are serious in nature, KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26775-2026 5 involving the murder of an elderly woman. It is submitted that the petitioner was arrested on 04.05.2025 on the basis of secret information and, pursuant to his disclosure statement, one VIVO mobile phone, two gold bangles/kadas and two gold rings were allegedly recovered from underneath an under- construction bridge on 07.05.2025 and the said recovery constitutes an important link in the chain of circumstantial evidence. 6. Be that as it may, considering that the petitioner has been in custody since 04.07.2025, and that the investigation stands completed, challan has been presented before the learned Trial Court and charges have already been framed, it is evident that the trial is likely to take considerable time to reach its logical conclusion. There is no direct evidence linking the petitioner with the commission of the offence and his implication is primarily based upon the alleged secret information followed by the recovery of gold ornaments allegedly belonging to the deceased. Further, as per the status report, the medical officer has opined the cause of death to be myocardial infarction, which, at this stage, raises a circumstance requiring due consideration regarding the nature of death of the deceased. It is also not in dispute that the material witnesses, including the complainant and the medical officer, have already been examined. Thus, the possibility of the petitioner influencing the said witnesses stands considerably reduced. Keeping in view the aforesaid circumstances, the period of incarceration already undergone by the petitioner and the likelihood of the trial taking considerable time, further incarceration of the petitioner would not serve any useful purpose. 7. Reliance is placed upon the judgment of the Hon’ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Another, 2018 (2) R.C.R. KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26775-2026 6 (Criminal) 131, wherein it has been held that grant of bail is the rule and refusal thereof is an exception, and that a person is presumed to be innocent until proven guilty. It is further submitted that the right to speedy trial forms an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the same has been consistently recognised by the Hon’ble Supreme Court, including in Balwinder Singh v. State of Punjab & Another (SLO (Crl.) No. 8523/2024). In these circumstances, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial can be effectively safeguarded by imposing appropriate conditions. 8. Accordingly, the present petition is allowed, and the petitioner is ordered to be admitted on regular bail, subject to furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- 1. The petitioner shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the investigating agency. 2. The petitioner shall not tamper with the prosecution evidence in any manner whatsoever, nor shall attempt, directly or indirectly, to influence, intimidate, or contact any prosecution witness. 3. The petitioner shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event he is in possession of a passport, he shall furnish its particulars before the Investigating Officer as well as the learned Trial Court. 4. The learned Illaqa Magistrate/Duty Magistrate, before accepting the bail and surety bonds, shall obtain from the petitioner his permanent residential address as well as present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours from the acceptance of the bail bonds and shall place a verification report on the record. In the event either of the addresses is found to be false, fictitious, KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh CRM-M-26775-2026 7 or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. 5. The petitioner shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of bail in accordance with law. 6. The petitioner shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days from the date of such change. 7. The petitioner shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless his personal appearance is exempted in accordance with law. He shall not absent himself from the proceedings without obtaining prior permission of the learned Trial Court. In the event of any violation of the aforesaid conditions or his unauthorized absence from the trial proceedings, it shall be open to the learned Trial Court to proceed in accordance with law, including cancellation of the concession of regular bail and issuance of appropriate coercive process, including warrants of arrest. (VIRINDER AGGARWAL) JUDGE 02.09.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.09.03 10:40 I attest to the accuracy and integrity of this document Chandigarh