Criminal Petition No. 358 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15162 CRL.P No. 358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 358 OF 2025 BETWEEN: MR SHIFAZ P P @ SIFAZ P P @ IKKA S/O MR. ALI P.P., ABED ABOUT 31 YEARS R/AT NO.99, CHATHANADATH THAYE HOUSE, MAPULAKANDI, NEAR DEVI TEMPLE, CHEMMAN CHERRI VILLAGE, THOOVAKKODE POST, KOLLAKAD, QUAILANDY, KOZHIKODE DISTRICT, KERALA STATE - 673 304 (BY SRI. ANIKETH K.U., ADVOCATE) AND: THE STATE OF KARNATAKA BY MANGALORE NORTH POLICE STATION, MANGALORE, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001
Legal Reasoning
therefore, he had approached this Court in Crl.P.No.9173/2023 which was dismissed on merits vide order dated 08.11.2023. Thereafter, the petitioner had filed a fresh bail application before the Trial Court in S.C.No.140/2023 which was rejected on 20.11.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the petitioner who has no other criminal antecedents is in custody for the last more than 2 years. Material charge sheet witnesses, who have been examined in the present case have all turned hostile to the case of prosecution. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner. 7. As per the first information and charge sheet allegations, on 03.02.2023 at about 3.45 pm, accused had entered into the jewelry shop known as 'Mangalore Jewellers' situated at Balmatta Road, Mangaluru City when deceased - 4 - NC: 2025:KHC:15162 CRL.P No. 358 of 2025 Raghavendra Acharya, who was working as a sale man was present in the shop. Petitioner allegedly had assaulted Raghavendra Acharya with a knife on his neck and other parts of the body and thereafter had taken away gold jewelry weighing 10.500 grams from the shop and had ran away. CW-1 who came to the shop had found the injured Raghavendra Acharya lying inside the shop, immediately he shifted Raghavendra Acharya to the hospital. Subsequently, Raghavendra Acharya succumbed to the injuries in the hospital. According to the prosecution, in addition to CW-1, CWs-2 to 7 are the material charge sheet witnesses, who have seen the accused running away from the spot and they have also identified him. Prosecution has now in all examined 15 charge sheet witnesses as PWs-1 to 15. Except CW-1, the other material charge sheet witnesses allegedly have not supported the case of the prosecution. Be that as it may, the fact remains that petitioner is in custody for the last more than two years and he has no criminal antecedents. Prosecution in all has cited 62 charge sheet witnesses in the present case and till date, only 15 charge sheet witnesses have been examined and therefore, there are no chances of the trial being completed - 5 - NC: 2025:KHC:15162 CRL.P No. 358 of 2025 and case being disposed of on merits in the near soon. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that petitioner is likely to tamper with the material charge sheet witnesses. Considering the aforesaid aspects of the matter and also the period of incarceration of the petitioner , I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-
Arguments
(BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by SWAPNA V Location: High Court of Karnataka …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL U/S.439 OF CRPC IN CONNECTION WITH S.C.NO.140/2023 IN CRIME NO.12/2023 REGISTERED BY MANGALURU NORTH POLICE STATION FOR THE OFFENCE P/U/S 394, 397, 302 OF IPC ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU. - 2 - NC: 2025:KHC:15162 CRL.P No. 358 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.140/2023 pending before the Court of IV Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, arising out of Crime No.12/2023 registered by Mangalore North Police Station, for offences punishable under Sections 394, 397, 302 of the Indian Penal Code (for short, 'IPC') is before this Court in this successive bail application under Section 439 of Cr.PC seeking regular bail. 2. 3. Heard the learned counsel for the parties. FIR in Crime No.12/2023 was registered by Mangalore North Police Station, against unknown person for the aforesaid offences, on the basis of the first information dated 03.02.2023 received from Keshava Acharya son of Late Monappa Acharya. 4. During the course of investigation of the case, petitioner herein was arrested on 02.03.2023 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed - 3 - NC: 2025:KHC:15162 CRL.P No. 358 of 2025 against him for the aforesaid offences. His bail application filed before the Trial Court was rejected on 18.05.2023 and
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.12/2023 registered by Mangalore North Police Station, for offences punishable under Sections 394, 397, 302 of 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 - 6 - NC: 2025:KHC:15162 CRL.P No. 358 of 2025 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 SPV List No.: 1 Sl No.: 40