CHIDANANDA PARASHU NAYKAR v. HIGH

(BY SRI. KARUNAKARA P., ADVOCATE) AND: …PETITIONER Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA THE STATE BY MOODABIDRI POLICE, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-1. (BY SMT. RASHMI PATEL, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.64/2021 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 307, 397, 448, 504, 506 AND 201 OF IPC REGISTERED IN CRIME NO.232/2020 BY MOODABIDIRI P.S., MANGALURU, DAKSHINA KANNADA. - 2 - NC: 2025:KHC:20762 CRL.P No. 3340 of 2025 HC-KAR 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 SC No.64/2021 pending before the Court of II Additional District and Sessions Judge, D.K., Mangaluru, arising out of Crime No.232/2020 registered by Moodabidre Police Station, Mangaluru City, for the offences punishable under Sections 307, 397, 448, 504, 506 and 201 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail.

Learned counsel for the petitioner submits that out of 50 charge sheet witnesses cited in the present case, till date 26 charge sheet witnesses have been examined as PWs.1 to 26 and the petitioner who has no criminal antecedents is in custody from 1.11.2020 onwards. He further submits that considering the period of petitioner's - 3 - NC: 2025:KHC:20762 CRL.P No. 3340 of 2025 HC-KAR incarceration, he may be enlarged on bail by allowing the petition.

Per contra, learned High Court Government Pleader has seriously opposed the prayer made by the learned counsel for petitioner. She submits that the prosecution has collected sufficient material as against the petitioner who has committed the murder for gain. She submits that petitioner's movement in the spot of crime has been recorded in the CCTV footage and therefore, there is sufficient material to connect the petitioner to the crime. She submits that the prosecution intends to examine only four more official witnesses and their examination will be done on the next two dates of hearing before the trial Court. She, therefore, submits that this petition may be disposed of with a direction to the trial Court to dispose of the main case itself on merits within a period of three months from the date of receipt of certified copy of this order. - 4 - NC: 2025:KHC:20762 CRL.P No. 3340 of 2025 HC-KAR

Submissions made on both sides are placed on record.

Considering the said submissions and also having regard to the material available on record, the petition is disposed of requesting the trial Court to expedite the trial and dispose of the main case as expeditiously as possible but not later than the period of three months from the date of receipt of certified copy of this order. In the event, the trial Court fails to dispose of the case on merits within the aforesaid period, liberty is reserved to the petitioner to renew his bail application. Sd/- (S VISHWAJITH SHETTY) JUDGE TL List No.: 1 Sl No.: 39 CT:ar