Criminal Petition No. 4040 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23859 CRL.P No. 4040 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. 4040 OF 2025 BETWEEN: PRASHANTH, S/O SHANKARA, AGED ABOUT 21 YEARS, RESIDING AT D.NO.203/A, 7TH MAIN, VINAYAKA NAGARA, MYSURU CITY PIN CODE - 570 004. …PETITIONER (BY SRI. RAJU C N., ADVOCATE) AND: STATE BY MYSORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE, BANGALORE - 560 009. …RESPONDENT
Legal Reasoning
(BY SMT.RASHMI PATEL., 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.226/2023 ON THE FILE OF THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE AT MYSURU ARISING OUT OF CRIME NO.22/2023 OF V.V.PURAM POLICE MYSURU FOR THE OFFENCE P/US/ 302, 201, 120-B, 143, 144, 114, 75, 424, 192, 482, 485 OF IPC AND RULE 42 OF KARNATAKA PRISONERS RULE 1974 R/W SEC.149 OF IPC BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:23859 CRL.P No. 4040 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in S.C.No.226/2023 pending before the Court of II Additional District and Sessions Judge, Mysuru, arising out of Crime No.22/2023 registered V.V.Puram Police Station, Mysuru City, for offences punishable under Sections 302, 201, 120-B, 143, 144, 114, 75, 424, 192, 482, 485 of IPC and Rule 42 of Karnataka Prisoners Rule 1974 read with Section 149 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.22/2023 was registered by V.V.Puram Police Station, Mysuru City, initially for offence punishable under Section 302 of IPC against Sanju and others, based on the first information dated 18.05.2023 received from Smt.Shilpa w/o deceased Chandu. 4. During the course of investigation of the case, petitioner herein was arrested on 20.05.2023 and - 3 - NC: 2025:KHC:23859 CRL.P No. 4040 of 2025 HC-KAR subsequently remanded to judicial custody. Bail application filed by the petitioner before the trial Court in S.C.No.226/2023 was rejected on 20.07.2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner name is not found in the FIR and he has not been identified by the eye-witness to the incident in question, no Test Identification Parade has been held in the present case. Accused Nos.5 and 11 who were named in the FIR have been granted regular bail by this Court and accused No.1 named in the FIR has been dropped in the charge sheet. Trial in the case is yet to commence. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition on the ground that C.W-1, C.W-29 and C.W-30 are the alleged eye-witnesses to the incident in question. Accused Nos.1 to 3 are the assailants in the present case and death was as a result of injuries sustained as a result - 4 - NC: 2025:KHC:23859 CRL.P No. 4040 of 2025 HC-KAR of assault made by accused Nos.1 to 3 with deadly weapon. However, she does not dispute the submission made by the learned Counsel for the petitioner. 7. FIR in the present case was registered against three named persons and eight others. First informant, who is the wife of the deceased Chandu is the alleged eye-witness to the incident in question. In the first information, she has stated that on 18.05.2023 when she was near her house talking to her neighbours, accused named in the FIR along with eight others came near her house in their bikes and all of a sudden they started assaulting her husband with deadly weapons and thereafter, escaped from the spot. Immediately thereafter, her husband was shifted to a hospital but he was declared brought dead. It is in this background, first informant had approached the police on 18.05.2023. 8. During the course of investigation of the case, petitioner herein was arrested on 20.05.2023. After - 5 - NC: 2025:KHC:23859 CRL.P No. 4040 of 2025 HC-KAR completing investigation, charge sheet has been filed against 14 persons and petitioner is arraigned as accused No.3 in the charge sheet. 9. Perusal of the charge sheet would go to show that deceased was an accused in Crime No.26/2016 which was registered for committing murder of Devu @ Devendra. Accused No.4 who was the accomplice of Devu @ Devendra allegedly conspired with the other accused persons to commit the murder of deceased Chandu and in furtherance of said conspiracy on 18.05.2023, the accused persons who came near the house of deceased had assaulted him with deadly weapons and committed his murder. 10. Perusal of the charge sheet would go to show that allegation of assaulting the deceased with weapon is found against accused Nos.1 to 3, name of accused Nos.1 to 3 is not found in the FIR. Accused No.1 who was named in the FIR has been dropped in the charge sheet. Accused - 6 - NC: 2025:KHC:23859 CRL.P No. 4040 of 2025 HC-KAR Nos.2 and 3 named in the FIR are arraigned as accused Nos.5 and 11 in the charge sheet and they have been granted regular bail by this Court in Crl.P.No.9363/2024 and Crl.P.No.3870/2024. Petitioner who has no other criminal antecedents is in custody for the last more than two years. 11. It is not in dispute that Test Identification Parade has not been held in the present case and the petitioner who was a stranger to the eye-witnesses has not been identified in the manner known to law. The trial in the case is yet to commence and the case before the trial Court is said to be in the stage of hearing before charge. Prosecution has in all cited 96 charge sheet witnesses in the present case and therefore, the chances
Decision
of the trial being completed and the case being disposed of on merits in the near soon is remote. Undisputedly, petitioner has no other criminal antecedents and he is aged about 21 years. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made by - 7 - NC: 2025:KHC:23859 CRL.P No. 4040 of 2025 HC-KAR the petitioner who is in custody for more than two years, for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.226/2023 pending before the Court of II Additional District and Sessions Judge, Mysuru, arising out of Crime No.22/2023 registered V.V.Puram Police Station, Mysuru City, for offences punishable under Sections 302, 201, 120-B, 143, 144, 114, 75, 424, 192, 482, 485 of IPC and Rule 42 of Karnataka Prisoners Rule 1974 read with Section 149 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 - 8 - NC: 2025:KHC:23859 CRL.P No. 4040 of 2025 HC-KAR 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; 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.: 22