Criminal Petition No. 1006 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23852 CRL.P No. 1006 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1006 OF 2025 BETWEEN: MANOHAR, S/O MUNIRAJU, AGED ABOUT 33 YEARS, R/AT NO.806, MANIPAL COUTNRY ROAD, AECS LAYOUT, "B" BLOCK BESIDE, CLASSICAL RESIDENCY LAYOUT, SINGASANDRA, BEGNALURU 560 068. (BY SRI. RAMESHA H N., ADVOCATE) AND: THE STATE OF KARNATAKA, BY BEGUR POLICE STATION, BENGALURU. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001.
Legal Reasoning
(BY SMT.RASHMI PATEL., HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.14/2021 (NOW IN S.C.NO.1214/2021) FOR THE OFFENCE PUNISHABLE U/S 120(b), 302, 504, 506 R/W 34 OF IPC, BEGUR OF I.P.C. OF BEGUR POLICE, PENDING ON THE FILE OF CITY CIVIL AND SESSIONS JUDGE (CCH-64) BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:23852 CRL.P No. 1006 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.1214/2021 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.14/2021 registered by Beguru Police Station, Bengaluru City, for offences punishable under Sections 302, 504, 506, 120-B read with Section 34 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.14/2021 was registered by Beguru Police Station, Bengaluru City, for the aforesaid offences against petitioner and another, based on the first information dated 12.01.2021 received from Smt.B.S.Manjula w/o deceased Madavareddy. 4. During the course of investigation of the case, petitioner herein was arrested on 13.01.2021 and - 3 - NC: 2025:KHC:23852 CRL.P No. 1006 of 2025 HC-KAR subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.9074/2021, which was dismissed on merits on 03.03.2022 with a direction to the trial Court to expedite and conclude the trial as expeditiously as possible. On the ground that there is no much progress in the trial, petitioner is before this Court in this successive bail application. 5. Petitioner was arrested in the present case on 13.01.2021 and for the last nearly four and a half years he is in custody. It appears that there was a civil dispute between the parties and the incident in question had taken place in the background of the said civil dispute between the parties. C.W-7 is said to be the sole eye-witness to the incident in question. Before the trial Court, out of the 29 - 4 - NC: 2025:KHC:23852 CRL.P No. 1006 of 2025 HC-KAR charge sheet witnesses cited in the present case, till date 9 witnesses have been examined as P.W-1 to P.W-9. It is stated that C.W-7 who is the material charge sheet witness has been already examined before the trial Court as P.W-3. Undisputedly, petitioner has no criminal antecedents. Since the material charge sheet witnesses have been already examined, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses. 6. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, the Hon'ble Apex 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 - 5 - NC: 2025:KHC:23852 CRL.P No. 1006 of 2025 HC-KAR 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." 7. Though this Court, while disposing of Crl.P.No.9074/2021 vide order dated 03.03.2022, had directed the trial Court to expedite and conclude the trial as expeditiously as possible, even after a lapse of more than three years, thereafter, only 9 charge sheet witnesses are examined. Considering the aforesaid aspect of the matter and more so, the period of incarceration of the petitioner, who has no other criminal antecedents, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
Decision
ORDER The petition is allowed. - 6 - NC: 2025:KHC:23852 CRL.P No. 1006 of 2025 HC-KAR The petitioner is directed to be enlarged on bail in S.C.No.1214/2021 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.14/2021 registered by Beguru Police Station, Bengaluru City, for offences punishable under Sections 302, 504, 506, 120-B read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 - NC: 2025:KHC:23852 CRL.P No. 1006 of 2025 HC-KAR 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 KVR List No.: 1 Sl No.: 14