- 1 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14808 OF 2025 BETWEEN: SRI M. ABHISHEK @ ABHI S/O MANJU AGED ABOUT 18 YEARS R/AT OF MATHIKERE SHETTY HALLI VILLAGE, MALURU HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160. …PETITIONER (BY SRI B. VISWESWARAIAH, ADV. FOR SRI V. ANAND, ADV.) AND: THE STATE OF KARNATAKA BY CHANNAPATNA RURAL POLICE RAMANAGARA DISTRICT - 562 160 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.304/2022 NOW IN C.C.NO.1105/2023 REGISTERED FOR THE OFFENCE P/U/S 120(B),302,114,201,109 R/W 34 OF IPC OF CHANNAPATTANA RURAL P.S. PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT CHANNAPATNA, RAMANAGARA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 ORAL ORDER 1. Accused No.1 in SC No.40/2023 pending before the Court of the Principal District and Sessions Judge, Ramanagara, arising out of Crime No.304/2022 registered by Channapatna Rural Police Station, Ramanagara, for the offences punishable under Sections 120B, 302, 109, 114, 201 read with Section 34 of IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, with a prayer to release him on regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.304/2022 was registered by Channapatna Rural Police Station, Ramanagara, initially for the offence punishable under Section 307 read with Section 34 of IPC against petitioner and others, based on the first information dated 29.11.2022 received from Smt. Jayalakshmi, mother of deceased Shivaprakash. During the course of investigation, petitioner herein was arrested on 30.11.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against six persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed - 3 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 before the Trial Court was rejected and therefore, he had approached this Court in Crl.P.No.13606/2023 which was dismissed as withdrawn on 14.08.2024 with liberty to the petitioner to approach this Court after examination of CW1 to CW4 is completed before the Trial Court. Subsequently, petitioner has filed a fresh bail application before the Trial Court in SC No.40/2023 which was rejected on 15.09.2025. It is under these circumstances, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a youngster, who is aged about 21 years and is in custody for the last more than three years. He has no other criminal antecedents. CW1 to CW4 have been dropped in the present case by the Trial Court by order dated 29.07.2025. Accused Nos.3 to 6 are released on bail in the present case. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that CW1 to CW4 are the eye witnesses to the incident in question. Deceased had suffered as many as 16 injuries as a result of assault made by the petitioner and other accused. If the petitioner is enlarged on bail, he is likely to tamper with the - 4 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 prosecution witnesses. Accordingly, he prays to dismiss the petition. 6. In the first information submitted by the mother of the deceased, she has stated that her son Shivaprakash and the petitioner herein were close friends. On 25.11.2022, Shivaprakash had informed the first informant that petitioner had quarreled with him and also threatened him with dire consequences to his life on a petty issue. On 29.11.2022 at about 09.30 p.m., when the first informant was in her house along with the family members, petitioner came near her house and asked her son Shivaprakash to come out of the house. Accordingly, Shivaprakash had accompanied petitioner and thereafter at about 10:00 p.m., she heard her son shouting. Immediately, she and her family members went towards the place where Shivaprakash was shouting and found that petitioner was assaulting her son Shivaprakash on his head with some weapon. After seeing the first informant and her family members, petitioner allegedly ran away from the spot. Thereafter, Shivaprakash was shifted to a Hospital. It is under these circumstances, FIR was initially registered against - 5 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 petitioner and others in Crime No.304/2022 for the offence punishable under Section 307 read with Section 34 of IPC. It appears that subsequently on 04.12.2022, Shivaprakash had died in the Hospital while undergoing treatment and therefore, the offence punishable under Section 302 of IPC was invoked against the accused persons. 7. As per the charge sheet allegations, accused No.1 and deceased Shivaprakash were close friends. Subsequently, Shivaprakash had developed friendship with Chethan (CW17) and thereafter, he had maintained distance from the petitioner. On 25.11.2022, when Shivaprakash and Chethan were walking on the road side, petitioner allegedly drove his motorcycle in a rash and negligent manner before them and therefore, Shivaprakash allegedly advised him and it is in this background, petitioner allegedly had a vengeance against Shivaprakash. It is further alleged that accused Nos.3 and 4, who had got married against the wishes of the parents of accused No.4 had also developed ill-will against Shivaprakash since he was supporting the parents of accused No.4. It is under these circumstances, accused Nos.1 and 2 had conspired - 6 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 with accused Nos.3 and 4 to commit the murder of Shivaprakash and on the night of 29.11.2022, petitioner had gone near the house of Shivaprakash and had called him outside the house and thereafter, he along with accused No.2 had assaulted him with deadly weapons and caused grievous injuries. The allegation against the petitioner is that he had assaulted deceased on his head and other parts of the body with an axe. Shivaprakash, who had sustained grievous injuries in the incident that had taken place on 29.11.2022, had subsequently died in Hospital on 04.12.2022 while undergoing treatment. 8. CW1 to CW4 are the alleged witnesses in the present case. It is under these circumstances, petitioner's bail application filed earlier in Crl.P.No.13606/2023 was dismissed as withdrawn on 14.08.2024 with liberty to file a fresh bail application after CW1 to CW4 are examined before the Trial Court. This Court, on 14.08.2024, while disposing off Crl.P.No.13606/2023, taking into consideration the period of petitioner's incarceration had observed that prosecution shall examine CW1 to CW4 on priority before the Trial Court. It is - 7 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 not in dispute that even as on this date, CW1 to CW4 have not been examined before the Trial Court. Learned counsel for the petitioner has produced the order sheet of the Trial Court in SC No.40/2023 and it is found that on 29.07.2025, learned Public Prosecutor had submitted that CW1 to CW4 were not turning up to give evidence and therefore, the Trial Court had dropped CW1 to CW4. Thereafter, till date, no application is filed by the prosecution to recall the said order dated 29.07.2025 and permit them to examine CW1 to CW4. Petitioner, who is now aged about 21 years has no other criminal antecedents. He is in custody for the last more than three years. The prosecution has in all cited 42 charge sheet witnesses in the present case and therefore, the chances of the trial being completed and the case being disposed off on merits in the near future is very remote. 9. The Hon'ble 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, has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no - 8 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 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". 10. Considering the aforesaid aspects 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 taking into consideration the period of his incarceration and also the stage of trial. Accordingly, the following order:- 11. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.40/2023 pending before the Court of the Principal District and Sessions Judge, Ramanagara, arising out of Crime No.304/2022 registered by Channapatna Rural Police Station, Ramanagara, for the offences punishable under Sections 120B, 302, 109, 114, 201 read with Section 34 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 - 9 - HC-KAR NC: 2026:KHC:5570 CRL.P No. 14808 of 2025 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.: 10