Criminal Petition No. 3302 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:12095 CRL.P No. 3302 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3302 OF 2025 BETWEEN: SRI. RONAKUMAR S/O GANESH SHA AGED ABOUT 25 YEARS R/AT. RENTAL HOUSE ANUGONDANAHALLI VILLAGE HOSAKOTE TALUK - 560 067 BENGALURU RURAL DISTRICT. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka PERMANENT ADDRESS: PYAREPUR NEAR ROAD P.O. PYAREPUR, PEATEPUR RAJAPATTI, GOPALGAIN BAIKUNTHPURA, BIHAR-841420.
Legal Reasoning
(BY SRI. RAM SINGH K, ADV.,) AND: THE STATE OF KARNATAKA BY ANUGONDANAHALLI POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR THE HIGH COURT BUILDING BENGALURU - 560 001. (BY SRI. K. NAGESHWARAPPA, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.P.C. (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.7/2023 AND IN SC.NO.174/2023 REGISTERED IN ANUGONDANAHALLI P.S., FOR THE OFFENCES P/U/S 302, 307 R/W 34 OF IPC, PENDING BEFORE THE LEARNED VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU, BENGALURU RURAL DISTRICT. - 2 - NC: 2025:KHC:12095 CRL.P No. 3302 of 2025 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.174/2023 pending before the Court of VI Additional District and Sessions Judge, Bengaluru, arising out of Crime No.7/2023 registered by Anugondanahalli Police Station, Bengaluru City, for the offences punishable under Sections 302, 307 read with Section 34 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.7/2023 was registered by Anugondanahalli Police Station, Bengaluru City against the petitioner herein and another for the aforesaid offences based on the first information dated 15.01.2023 received from Sri.Chandan, who is one of the injured victims in the present case. During the course of investigation, the petitioner was arrested on 17.01.2023 and subsequently - 3 - NC: 2025:KHC:12095 CRL.P No. 3302 of 2025 remanded to judicial custody. After completing the investigation, charge sheet has been filed for the aforesaid offences against two persons and the petitioner is arrayed as accused No.1 in the present case. Petitioner had earlier approached this Court in Crl.P.7762/2023 which was dismissed as withdrawn on 11.09.2023 with liberty to approach this Court after examination of CW1 and CW2 before the trial Court is completed. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits CWs- 1 & 2, who are alleged eye-witnesses to the incident in question, are not kept present before the trial Court by the prosecution and therefore, the trial Court has now issued NBW and proclamation orders against the said witnesses. PWs-1 & 2 have not supported the case of the prosecution. Accused No.2 has been enlarged on bail. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:12095 CRL.P No. 3302 of 2025 5. Per contra, learned High Court Government Pleader, who has opposed the petition, does not dispute the submissions made by the learned counsel for the petitioner. 6. Perusal of the material on record would go to show that the petitioner had earlier approached this Court in Crl.P.7762/2023 and the said petition was dismissed as withdrawn vide order dated 11.09.2023 with liberty to the petitioner to approach this Court after examination of CWs-1 & 2 before the trial Court is completed. CWs-1 & 2 are the alleged injured eye-witnesses in the present case. The order sheet of the trial Court, which is made available to this Court by the learned counsel for the petitioner, would go to show that inspite of issuing summons to CWs- 1 & 2, they had not appeared before the trial Court and therefore, the trial Court has issued Non Bailable Warrant as well as proclamation orders against CWs-1 & 2. CW-4, who is alleged to be an another eye-witness to the incident in question, has been examined before the trial Court as - 5 - NC: 2025:KHC:12095 CRL.P No. 3302 of 2025 PW-1 and CW-5 has been examined as PW-2. PWs-1 & 2 have turned hostile to the case of the prosecution. Petitioner, who has no other criminal antecedents, is in custody for the last more than two years. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and another1 in paragraph No.17 has observed as under: "17. 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." 7. The prosecution, in all, has cited 31 charge sheet witnesses in the present case and till date only 2 charge sheet witnesses have been examined as PWs-1 & 2. Prosecution has failed to keep the material charge witnesses present before the trial Court. Under these circumstances, I am of the opinion that the prayer made 1 (2024) 9 SCC 813 - 6 - NC: 2025:KHC:12095 CRL.P No. 3302 of 2025 by the petitioner seeking regular bail requires to be answered in the affirmative subject to imposing appropriate conditions. Accordingly, the following:
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.174/2023 pending before the Court of VI Additional District and Sessions Judge, Bengaluru, arising out of Crime No.7/2023 registered by Anugondanahalli Police Station, Bengaluru City, for the offences punishable under Sections 302, 307 read with Section 34 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, out of the two sureties, one surety must be a local surety, 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; - 7 - NC: 2025:KHC:12095 CRL.P No. 3302 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 the permission of the said court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 40