Criminal Petition No. 4013 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14392 CRL.P No. 4013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4013 OF 2025 BETWEEN: DEVEGOWDA C.P @ ANANDA @ ANANDA S/O PAPEGOWDA AGED ABOUT 40 YEARS (46 YEARS AS ON TODAY) R/AT CHIKKADE VILLAGE, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434 (BY SMT. RAKSHA KEERTHANA .K., ADVOCATE) …PETITIONER Digitally signed by SWAPNA V Location: High Court of Karnataka AND:
Legal Reasoning
STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001
Legal Reasoning
(BY SMT. PUSHAPALATHA .B., ADDL.SP.P.) …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE/RELEASE THE PETITIONER ON REGULAR BAIL IN S.C NO.5033/2019 (CRIME NO.48/2019) OF THE RESPONDENT PANDAVAPURA POLICE STATION, FOR THE ALLEGED O/P/U/S 143, 147, 324, 114, 302, 307 R/W 149 OF IPC, PENDING ON THE FILE OF HONBLE III ADDL DISTRICT AND SESSIONS JUDGE, AT MANDYA, SITTING AT SRIRANGAPATANA. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 2 - NC: 2025:KHC:14392 CRL.P No. 4013 of 2025 ORAL ORDER Accused No.1 in S.C.No.5033/2019 pending before the Court of III Additional District and Sessions Judge, Mandya, sitting at Srirangapatana arising out of Crime No.48/2019 registered by Pandavapura Police Station, Mandya for offences punishable under Section 143, 147, 324, 114, 302, 307 read with Section 149 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. 3. Heard the learned counsel for the parties. FIR in Crime No.48/2019 was registered by Pandavapura Police Station, Mandya initially for the offences punishable under Sections 143, 147, 324, 307, 302 read with Section 149 or IPC against the petitioner and five others on the basis of the first information dated 19.02.2019 received from Swamygowda C.V (CW-1). 4. During the course of investigation of the case, petitioner herein was arrested on 19.02.2019. After completing the investigation, charge sheet has been filed against six persons. Bail application filed by the petitioner in - 3 - NC: 2025:KHC:14392 CRL.P No. 4013 of 2025 S.C.No.5033/2019 before the Jurisdictional Sessions Court was rejected on 10.01.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that accused Nos. 3 to 6 have been enlarged on bail in the present case. Allegation of assaulting deceased is found in the charge sheet against accused Nos. 1 to 5. Petitioner is in custody for the last more than six years. Till date, only nine charge sheet witnesses have been examined. Accordingly, she prays to allow the petition. 6. Per contra, learned Additional SPP has opposed the petition. She submits that the Trial Court while rejecting the bail application has observed that petitioner is a person of arrogant character and he had abused the police officer and also has threatened the prosecution witnesses and a separate criminal case has been registered against him in S.C.No.5088/2022. 7. Petitioner is in custody in the present case from 19.02.2019 onwards. Perusal of the charge sheet would go to show that allegation of assaulting the deceased with weapons is found as against accused Nos. 1 to 5. Accused Nos. 3 to 5 as - 4 - NC: 2025:KHC:14392 CRL.P No. 4013 of 2025 against whom there is an allegation of assaulting deceased and accused No.6 as against whom there is an allegation of instigating the other accused to commit the murder of deceased have been already granted regular bail. 8. 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, 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." 9. Prosecution in all has cited 68 charge sheet witnesses in the present case and according to the petitioner, till date only nine charge sheet witnesses have been examined. This aspect of the matter has not been seriously disputed by learned Additional SPP. Under such circumstances, without going to the merits of the case, the prayer made by the - 5 - NC: 2025:KHC:14392 CRL.P No. 4013 of 2025 petitioner for grant of regular bail is required to be answered affirmatively solely on the ground of his period of incarceration. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.48/2019 registered by Pandavapura Police Station, Mandya for offences punishable under Section 143, 147, 324, 114, 302, 307 read with Section 149 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, 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; - 6 - NC: 2025:KHC:14392 CRL.P No. 4013 of 2025 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 him is disposed off. f) The petitioner shall appear before Station House Officer of Pandavapura Police Station, Mandya on every alternative Saturday between 10.00 a.m. and 1.00 p.m. and mark his attendance until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 61