Criminal Petition No. 4440 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 4440 OF 2025 (439 Cr.P.C. / 483 BNSS) BETWEEN: 1. PRASHANTH SINGH @ PRASHANTH @ ANDU @ ADDU, S/O RAGHUNATH SINGH, AGED ABOUT 22 YEARS, R/AT No.8, 2ND CROSS, VENKATARAMAIAH LAYOUT, MATHIKERE, BENGALURU - 560 053. (BY SRI PARAMESWARAPPA C., ADVOCATE) AND: …PETITIONER Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA 1. STATE OF KARNATAKA BY YESHWANTHPUR POLICE STATION, YESHWANTHPUR, BENGALURU, PIN 560 022. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU 560 001.
Legal Reasoning
(BY SMT. RASHMI PATEL, HCGP) …RESPONDENT THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.PC (FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGING THE PETITIONER ON BAIL IN CRIME No.36/2019 OF THE YESHWANTHPUR POLICE STATION PENDING ON THE - 2 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR FILE OF THE HONBLE LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-68) AT BENGALURU IN S.C.NO.641/2019 FOR THE OFFENCES P/U/S.302, 307, 397, 114 R/W SECTION 34 OF THE IPC, 1860 AND ETC. 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 No.2 in S.C.No.641/2019 pending before the Court of LXVII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.36/2019 registered by Yeshwanthpur Police Station, Bengaluru, for the offences punishable under Sections 302, 307, 397, 114 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') is before this Court in this successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.36/2019 was registered by Yeshwanthpur Police Station, Bengaluru, initially for the offences punishable under Section 307 read with 34 of IPC against Gowtham and - 3 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR other two unknown persons based on the first information dated 24.01.2019 received from Smt. Prathibha (CW.1) who is the wife of deceased Vinod Kumar. Subsequently, Vinod Kumar who was grievously injured had died in the hospital on 27.01.2019. Thereafter, Section 302 of IPC was invoked in the present case. 4. During the course of investigation, petitioner herein was arrested on 08.02.2019 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.2 in the charge sheet. The bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.110/2020, which was dismissed on merits by the Co-ordinate Bench of this Court on 24.02.2020. Thereafter, the petitioner had approached this Court in Crl.P.No.5989/2020, which was dismissed for non-prosecution on 01.07.2021. Subsequently, the petitioner had filed Crl.P.No.8967/2021, which was dismissed as not pressed, on 19.01.2022. Trial in the case had commenced in the month of August-2022 and till date, four - 4 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR charge sheet witnesses have been examined as PWs.1 to 4. Since there was delay in conducting the trial, petitioner had once-again filed bail application before the Trial Court in Crl.Misc.No.3236/2024, which was rejected on 11.02.2024. Therefore, the petitioner is before this Court in this successive bail application seeking regular bail. 5. Learned counsel for the petitioner submits that petitioner is an youngster aged 25 years and he is in custody for the last more than six years. Out of the 42 charge sheet witnesses, till date, only four charge sheet witnesses have been examined. He submits that all the material charge sheet witnesses have been examined and therefore, considering the period of petitioner's incarceration, he may be granted bail. 6. Per contra, learned High Court Government Pleader has opposed the petition. She submits that petitioner is a person with criminal antecedents and there are specific allegations of overt acts against him in the present case. All the material charge sheet witnesses have supported the case of the prosecution. Accordingly, she prays to dismiss the petition. - 5 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR 7. FIR in the present case was registered initially for the offences punishable under Section 307 read with 34 of IPC against Gowtham and two other unknown persons. Petitioner's name is undisputedly not found in the FIR. During the course of investigation, petitioner herein was arrested on 08.02.2019 and after completing the investigation, charge sheet has been filed against three persons. In the charge sheet which is filed, there is a specific allegation against the petitioner about he assaulting CW.2-Maruthi, who is the injured eyewitness in the present case and when deceased Vinod Kumar tried to help CW.2, he also had assaulted Vinod Kumar and as a result of the injuries suffered in the assault, Vinod Kumar, who was admitted in the hospital had subsequently succumbed to the injuries while undergoing treatment. It is under the said circumstances, the bail application of the petitioner in Crl.P.No.110.2020 was dismissed by the Co-ordinate Bench of this Court on 24.02.2020. In the said order, considering the fact that the petitioner was in custody, the Trial Court was directed to expedite the proceedings and conclude the trial as expeditiously as possible. Thereafter, though the charges were framed against accused in the year 2022 and evidence of PW.1 - 6 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR (CW.1) was recorded in the month of August-2022 itself, till date, only four charge sheet witnesses viz., CWs.1 to 4 have been examined as PWs.1 to 4 before the Trial Court. 8. The material on record would go to show that CWs.2 to 4 and 7 to 9 are the alleged eyewitnesses in the present case. CWs.2 to 4 have been examined as PWs.2 to 4 before the Trial Court. CWs.7 and 8 had failed to appear before the Trial Court in spite of coercive steps taken against them and ultimately, the prosecution has given up the said witnesses. CW.9 is said to have died. Therefore, as on this date, all the material charge sheet witnesses have already been examined. Out of the 42 charge sheet witnesses cited in the present case, prosecution has only examined four charge sheet witnesses till date. Therefore, the chances of trial being completed and case being disposed of by the Trial Court is very remote. 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 No.19, has observed as follows: - 7 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR "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. Though the Co-ordinate Bench of this Court while dismissing Crl.P.No.110/2020 vide order dated 24.02.2020 had directed the Trial Court to expedite the proceedings and conclude the trial as expeditiously as possible considering the fact that the petitioner was in custody even after lapse of five years from the date of the said order, there is no much progress in the trial. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively considering his period of incarceration. Since it is brought to the notice of this Court that petitioner is a person having criminal antecedents, appropriate conditions are to be imposed. - 8 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR 10. Accordingly, the following order;
Decision
Order (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.36/2010 of Yeshwanthpur Police Station, Bengaluru registered for the offences punishable under Sections 302, 307, 397, 114 read with 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, 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; (e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said - 9 - NC: 2025:KHC:19612 CRL.P No. 4440 of 2025 HC-KAR Court until the case registered against him is disposed off. (f) Petitioner shall appear before the Station House Officer of Yeshwathapur Police Station, Bengaluru, on every alternative Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance till the case registered against him in S.C.No.641/2019 is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE MV List No.: 1 Sl No.: 49