Criminal Petition No. 3562 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23860 CRL.P No. 3562 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. 3562 OF 2025 BETWEEN: SRI SACHIN NAYAK, AGED ABOUT 27 YEARS, S/O CHANDASHEKAR NAYAK, R/AT SRI MATHAPITHA ASHIRVADA NILAYA, PERDOOR VILLAGE AND POST, UDUPI TALUK, UDUPI DISTRICT - 574 118. (BY SRI. SHETTY DEEPAK., ADVOCATE) AND: …PETITIONER Digitally signed by KAVYA R Location: High Court of Karnataka STATE BY HIRIYADKA POLICE STATION, UDUPI DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.52/2019 (CRIME NO.38/2019 OF HIRIYADKA POLICE STATION), FOR THE OFFENCE P/US/ 449, 342, 324, 302, 201 - 2 - NC: 2025:KHC:23860 CRL.P No. 3562 of 2025 HC-KAR R/W SEC.34 OF IPC ON THE FILE OF THE II ADDL. DISTRICT
Facts
AND SESSIONS COURT, UDUPI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Legal Reasoning
Therefore, petitioner is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that petitioner who has no other criminal antecedents is in custody for the last nearly six years. All the material charge sheet witnesses including the injured eye-witness have been examined in the present case. Accused No.2 has been enlarged on bail by the co-ordinate Bench of this - 4 - NC: 2025:KHC:23860 CRL.P No. 3562 of 2025 HC-KAR Court in Crl.P.No.8050/2020 disposed of on 16.01.2021. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. 7. FIR in the present case was registered against unknown persons. During the course of investigation of the case, accused Nos.1 and 2 were arrested and they were identified by the injured eye-witness. After completing investigation, charge sheet has been filed against accused Nos.1 and 2. Allegation in the charge sheet is that deceased Prashanth Poojary had helped the petitioner for borrowing a loan and in this connection, the deceased had received a sum of Rs.20,000/- and Rs.5,000/- respectively as commission from the petitioner and also accused No.2. In spite of the petitioner and accused No.2 demanding repayment of the said amount, deceased allegedly had not repaid the said amount and - 5 - NC: 2025:KHC:23860 CRL.P No. 3562 of 2025 HC-KAR therefore, petitioner and accused No.2 were having ill will against him. On the alleged date of incident petitioner and accused No.2 entered the house of deceased and after picking up a quarrel with him had assaulted him with a sickle which was in the hand of C.W-1/Smt.Vijaya, wife of deceased. When C.W-1 tried to interfere, even she was also assaulted by the accused persons. Allegation of assaulting deceased and C.W-1 with a sickle is only as against accused No.1. It is under these circumstances his bail application was rejected earlier and accused No.2 was granted bail by this Court in Crl.P.No.8050/2020 disposed of on 16.01.2021. 8. It is not in dispute that the petitioner has no other criminal antecedents. Petitioner and accused No.2 were not armed when they went to the house of the deceased demanding repayment of the amount. When they were quarreling with the deceased, C.W-1 came out with a sickle and the said sickle was snatched by the petitioner from the hand of C.W-1 and thereafter, he - 6 - NC: 2025:KHC:23860 CRL.P No. 3562 of 2025 HC-KAR allegedly had assaulted deceased and C.W-1 with the same. C.W-1 has been already examined before the trial Court as P.W-1 and her daughter who is allegedly an eye-witness to the incident in question has been examined as P.W-2. Out of the 61 charge sheet witnesses cited in the present case, till date 18 charge sheet witnesses are examined as P.W-1 to P.W-18. Petitioner who has no criminal antecedents is in custody for the last nearly six years. 9. 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 - 7 - NC: 2025:KHC:23860 CRL.P No. 3562 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." 10. Since only 18 charge sheet witnesses have been examined till date, out of the 61 charge sheet witnesses cited in the present case, the chances of the trial being completed and the case being disposed of on merits in the near soon is very remote. It is trite that a person cannot be kept in custody as a punitive measure. Under the circumstances, 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. Considering the period of his incarceration. Accordingly, the following:-
Arguments
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.52/2019 pending before the Court of II Additional District and Sessions Judge, Udupi, arising out of Crime No.38/2019 registered by Hiriadka Police Station, Udupi, for offences punishable under Sections 449, 342, 324, 302, 201 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.38/2019 was registered by Hiriadka Police Station, Udupi, for the aforesaid offences against unknown persons, based on the first information dated 12.07.2019 received from Vijaya who is the wife of deceased Prashanth Poojary. - 3 - NC: 2025:KHC:23860 CRL.P No. 3562 of 2025 HC-KAR 4. During the course of investigation of the case, petitioner herein was arrested on 23.07.2019. 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.2461/2021 which was dismissed on merits by order dated 16.06.2021. Thereafter, petitioner had filed a fresh bail application before the trial Court in S.C.No.52/2019 which was rejected on 06.11.2024.
Decision
ORDER The petition is allowed. - 8 - NC: 2025:KHC:23860 CRL.P No. 3562 of 2025 HC-KAR The petitioner is directed to be enlarged on bail in S.C.No.52/2019 pending before the Court of II Additional District and Sessions Judge, Udupi, arising out of Crime No.38/2019 registered by Hiriadka Police Station, Udupi, for offences punishable under Sections 449, 342, 324, 302, 201 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; - 9 - NC: 2025:KHC:23860 CRL.P No. 3562 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.: 21