Criminal Petition No. 1783 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1783 OF 2025 BETWEEN: AKARSH K R S/O. RAMACHANDRA, AGED ABOUT 27 YEARS, OCCUPATION AGRICULTURIST, R/O. CHIKKALLA, SATTIHALLI VILLAGE, CHIKKAMAGALURU DISTRICT - 577 101. (NOW IN JUDICIAL CUSTODY) DISTRICT PRISON, CHIKKAMAGALURU) (BY SRI. HASHMATH PASHA, SENIOR COUNSEL FOR SRI.KARIAPPA N A., ADVOCATE) …PETITIONER Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA AND: STATE OF KARNATAKA BY ALDUR POLICE STATION, CHIKKAMAGALURU - 577 101. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001). (BY SRI.K.NAGESHWARAPPA, HCGP FOR RESPONDENT: SRI.ASHOK.N.NAIK., ADV FOR DEFACTO-COMPLAINANT) …RESPONDENT - 2 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.77/2023 OF ALDUR POLICE STATION, CHICKKAMAGALURU DISTRICT, WHICH IS PENDING IN S.C.NO.118/2023 ON THE FILE OF HONBLE II ADDL. DIST. AND SESSIONS JUDGE, CHICKKAMAGALUR FOR OFFENES U/S 120B, 114, 143, 144, 147, 148, 307, 302, 324, 447, 506 R/W SEC. 49 OF IPC. THIS PETITION, 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.118/2023, pending before the Court of II Additional District and Sessions Judge, Chikkamagaluru, arising out of Crime No.77/2023 registered by Aldur Police Station, Chikkamagaluru, for offence punishable under Sections 120-B, 114, 143, 144, 147, 148, 302, 307, 324, 447, 506 read with Section 149 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail.
Facts
2. Heard the learned for the parties. - 3 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 3. FIR in Crime No.77/2023 was registered by Aldur Police Station, Chikkamagaluru initially for offences punishable under Sections 120-B, 324, 307, 302, 506, 149 of IPC against petitioner herein and 10 others, based on the first information submitted by C.W-1-Gajendra C.R. 4. During the course of investigation of the case, accused No.1, who is the petitioner herein surrendered before the Court on 18.07.2023 and was subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against 11 persons. Petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the trial Court in S.C.No.118/2023 was dismissed on 19th October, 2023 and therefore, he had approached this Court in Crl.P.No.12212/2023 which was dismissed on merits by order dated 13th December, 2023. Thereafter, he had once again approached this Court in Crl.P.No.10241/2024 which was dismissed as not pressed by order dated 06th November, 2024, with liberty to the - 4 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 petitioner to approach this Court in the event trial in the case is not commenced within a reasonable time. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. Learned Senior Counsel appearing for the petitioner submits that petitioner is student who was
Legal Reasoning
reserved liberty to the petitioner to approach this Court in the event trial in the case is not commenced within a reasonable time. It is apparent that no efforts are made either by the trial Court or by the prosecution to expedite the trial in the present case. Prosecution has in all cited 55 charge sheet witnesses in the present case and therefore, the chances of the trial being completed and the case being disposed of on merits in the near future is very remote. 10. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE - 8 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 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 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." 11. In the case of Chitta Biswas Alias Subhas vs. State of West Bengal reported in 2020 SCC OnLine SC 1536, the Hon'ble Supreme Court taking into consideration that the accused was in custody for a period of one year seven months and there was no sufficient progress in trial, without expressing any opinion on merits and demerits of the case, has granted regular bail to the accused. In the case of Nitish Adhikary alias Bapan vs. - 9 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 State of West Bengal reported in 2022 SCC OnLine SC 2068 in a case where charge sheet was filed for the offences punishable under Sections 21(c) and 37 of the NDPS Act and accused was in custody for a period of one year seven months, the Hon'ble Supreme Court has granted regular bail on the ground that trial is still in the preliminary stage, as only one witness was examined. 12. Petitioner, who is a student is in custody for the last nearly one year nine months. There are no serious criminal antecedents against him. It appears that there is a civil dispute between the parties and the incident in question had taken place in the background of the said civil dispute. Since there is absolutely no progress in the case before the trial Court, I am of the opinion that without reference to the merits and demerits of the case, considering the period of incarceration of the petitioner, his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- - 10 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025
Arguments
pursuing his law degree course in Sri.Sharada School of Law at Chkkamagaluru. In support of this contention of his, he has produced relevant documents before this Court which prima facie would go to show that petitioner was pursuing his law degree course in Sri.Sharada School of Law. He submits that petitioner is in custody for the last nearly one year nine months, till date even charge has not been framed before the trial Court. Prosecution has in all cited 55 chargesheet witnesses in the present case. All other accused except accused Nos.1 and 2 have been enlarged on bail. Even as against accused Nos.3 to 6 there is an allegation of assaulting the deceased with deadly weapons. The order passed by this court granting regular - 5 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 bail to accused Nos.3 to 5 has been confirmed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos.12945-12947/2024, disposed of on 07.04.2025. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP and learned Counsel for the defacto-complainant have opposed the petition. They submit that on the merits of the case, this Court has already rejected bail application of the petitioner and no change in circumstance has been pointed out. They submit that merely for the reason that petitioner is a student; he cannot be enlarged on bail. They also submit that there are chances of the petitioner tampering with the prosecution witnesses in the event he is enlarged on bail. They submit that the delay is as a result of no cooperation by the accused persons and therefore, on the ground of incarceration of the petitioner, his bail application cannot be entertained. Accordingly, they pray to dismiss this petition. - 6 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 7. Perusal of the material on record would go to show that allegation of assaulting deceased with deadly weapons is found in the charge sheet as against accused Nos.1 to 6. Allegation against the petitioner is that he had assaulted deceased Praveen on his neck with a knife which he had in his pocket. 8. Postmortem report of the deceased would go to show that death is due to CEREBROCRANIAL DAMAGE as a result of BLUNT HEAVY FORCE IMPACT which is sufficient to cause death in ordinary course of nature. Allegation of assaulting deceased with wooden club on his head is as against accused Nos.3 to 6, who are already enlarged on bail. 9. Material on record would go to show that the petitioner was pursuing his LLB degree course in Sri.Sharada School of Law, Chikkamagaluru as on the date of the alleged incident. He is in custody for the last nearly one year nine months. The order sheet of the trial Court which is made available to the Court would go to show - 7 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 that the case before the trial Court is at the stage of hearing the discharge applications filed by the accused who have been enlarged on bail. As on this date, even charges are not framed by the trial Court against the accused persons, though, this Court in Crl.P.No.10241/2024 by order dated 06.11.2024 had
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.118/2023, pending before the court of II Additional District and Sessions Judge, Chikkamagaluru, arising out of Crime No.77/2023 registered by Aldur Police Station, Chikkamagaluru, for offence punishable under Sections 120-B, 114, 143, 144, 147, 148, 302, 307, 324, 447, 506 read with Section 149 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; - 11 - NC: 2025:KHC:15899 CRL.P No. 1783 of 2025 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 his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 33