Criminal Petition No. 3565 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15577 CRL.P No. 3565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3565 OF 2025 BETWEEN: NIKHIL @ ABHI AGED ABOUT 22 YEARS S/O CHANNIGARAYAPPA R/AT NO.7022, HOUSE NO.102 ITI LAYOUT, 2ND CROSS HSR LAYOUT, BENGALURU - 560 102 PERMANENT ADDRESS AT CHATTENAHALLI VILLAGE HOLAVANAHALLI HOBLI KORTAGERE TALUK TUMAKURU - 572 129. (BY SRI THEJAS M.R, ADV.) AND: STATE OF KARNATAKA BY BANNERGHATTA P.S. REPRESENTED BY LD. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C NO.5068/2 022 OF CRIME NO.161/2021 OF BANNERGHATTA. P.S FOR O/P/U/S 143, 366, 302, 201, 114 AND 120(B) R/W 149 OF IPC A PENDING ADJUDICATION ON THE FILE OF HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SITTING AT ANEKAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15577 CRL.P No. 3565 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in S.C.No.5068/2022 pending before the Court of III Addl. District & Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.161/2021 registered by Bannerghatta Police Station, Bengaluru District, for the offences punishable under Sections 143, 366, 302, 201, 114, 120B read with 149 IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.161/2021 was registered by Bannerghatta Police Station, Bengaluru District, against unknown persons initially for the offences punishable under Sections 201, 302 IPC based on the first information dated 20.12.2021 received from Junjappa, Police Officer attached to Bannerghatta Police Station. During the course of investigation of the case, petitioner herein was arrested on 24.01.2022. After completing investigation, charge sheet has been filed in the present case against five persons. Petitioner is arrayed as accused no.2 in the charge sheet. His bail application filed - 3 - NC: 2025:KHC:15577 CRL.P No. 3565 of 2025 earlier was rejected by the jurisdictional Sessions Court, and therefore, he had approached this Court in Crl.P.No.10894/2022 which was dismissed as withdrawn with liberty to move the Trial Court after examination of material charge sheet witnesses viz., CWs-2, 4, 7 and 14 to 17 was completed before the Trial Court. Petitioner has, thereafter, approached the Trial Court by filing a fresh petition which was rejected on 17.02.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last more than three years. Till date, charge is not framed before the Trial Court though the order passed in Crl.P.No.10894/2022
Decision
disposed of on 05.01.2023 is already produced before the Trial Court along with a memo. All other accused have been enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition submits that there are eye-witnesses to the alleged incident in question. Accordingly, she prays to dismiss the petition. - 4 - NC: 2025:KHC:15577 CRL.P No. 3565 of 2025 6. Perusal of the material on record would go to show that FIR was registered against unknown persons. After investigation, charge sheet has been filed against five persons in the present case. Accused no.1 is the mother of the petitioner. Deceased Chennagarayappa is the father of the petitioner and husband of accused no.1. It appears that there was a civil dispute within the family and deceased who had promised to give certain landed property to the petitioner, had thereafter failed to register necessary document in favour of the petitioner and the allegation in the charge sheet is that in that background, the accused persons allegedly had quarreled with the deceased and had committed his murder. 7. It is not in dispute that except the petitioner, all other accused have been enlarged on bail in the present case. Petitioner aged about 22 years having no other criminal antecedents is in custody for the last more than three years. Though Crl.P.No.10894/2022 was dismissed as withdrawn by this Court with liberty to the petitioner to approach the Trial Court afresh after examination of material charge sheet witnesses, till date even charge is not framed before the Trial Court. The material on record would go to show that petitioner - 5 - NC: 2025:KHC:15577 CRL.P No. 3565 of 2025 has produced the copy of the order passed in Crl.P.No.10894/2022 before the Trial Court along with a memo. 8. 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 19, has observed as under: "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". 9. The prosecution in the present case has cited altogether 32 charge sheet witnesses in the present case. Till date, even charges are not framed by the Trial Court though the petitioner is in custody for the last more than three years. Under the circumstances, without expressing any opinion on merits and demerits of the case, I am of the opinion that considering the period of incarceration of the petitioner, his prayer for grant of - 6 - NC: 2025:KHC:15577 CRL.P No. 3565 of 2025 regular bail is required to be answered affirmatively. Accordingly, the following order: 10. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5068/2022 pending before the Court of III Addl. District & Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.161/2021 registered by Bannerghatta Police Station, Bengaluru District, for the offences punishable under Sections 143, 366, 302, 201, 114, 120B read with 149 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 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:15577 CRL.P No. 3565 of 2025 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 KK