Criminal Petition No. 4403 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:24429 CRL.P No. 4403 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4403 OF 2025 BETWEEN: 1. MR. SATISH @ CHETHAN @ LADDU S/O MR. ANNAYAPPA AGED ABOUT 30 YEARS R/AT NO.30/3, MAYURANAGAR 9TH CROSS, 2ND MAIN ANDHRAHALLI MAIN ROAD HEGGANAHALLI BANGALORE-560 091. (BY SRI. RAMESHA H.N., ADVOCATE) AND: …PETITIONER
Legal Reasoning
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA 1. STATE OF KARNATAKA BY MADANAYAKANAHALLI P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.
Legal Reasoning
(BY SMT. ASMA KOUSER, ADDL.SPP) …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.265/2020 REGISTERED BY THE MADANAYAKANAHALLI POLICE STATION, BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 302, 147, 148, 341, 323, 394, 201, 120B, 149, 109 OF IPC ON THE FILE OF THE HONBLE VIII ADDL. DIST. AND SESSIONS JUDGE, BENGALURU IN S.C.NO.37/2021. RURAL DISTRICT BENGALURU AT - 2 - NC: 2025:KHC:24429 CRL.P No. 4403 of 2025 HC-KAR 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.1 in S.C.No.37/2021 before the Court of VIII Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out Crime No.265/2020 registered by Madanayakanahally Police Station, Bengaluru for the offences punishable under Sections 143, 302, 147, 148, 341, 323, 394, 201, 120-B, 109 read with Section 149 of IPC, is before this Court in successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.265/2020 was registered by Madanayakanahally Police Station, Bengaluru initially for the offence punishable under Section 394 of IPC against unknown persons based on the first information dated 18.07.2020 received from Basavaraju Y.K., S/o late - 3 - NC: 2025:KHC:24429 CRL.P No. 4403 of 2025 HC-KAR Kalasappa. During the course of investigation, petitioner herein was arrested on 03.08.2020 and remanded to judicial custody. After the completion of investigation, chargesheet has been filed against eight persons and petitioner is arrayed as accused No.1 in the chargesheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.13357/2023 which was dismissed on 18.01.2024 and subsequently, he had approached this Court in Crl.P.No.12539/2024, which was dismissed on 06.01.2025 reserving liberty to the petitioner to move this Court if the trial is not completed within the next four months. It is under these circumstances, the petitioner is before this Court seeking regular bail in this successive bail application. 4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents. He is in custody for the last nearly five years. Out of the 38 chargesheet witnesses, only nine witnesses have been - 4 - NC: 2025:KHC:24429 CRL.P No. 4403 of 2025 HC-KAR examined till date. All the chargesheet witnesses have turned hostile to the case of prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition however does not dispute the submissions made by the learned counsel for the petitioner. 6. F.I.R. in the present case was initially registered against unknown persons for the offence punishable under Section 394 of IPC. During the course of investigation, petitioner herein was arrested on 03.08.2020. After completion of the investigation, chargesheet has been filed against eight persons and the petitioner is arrayed as accused No.1 in the chargesheet. Material on record would go to show that the petitioner had earlier approached this Court and his bail application was rejected on merits. The last petition filed by the petitioner before this Court was Crl.P.No.12539/2024 which was dismissed on 06.01.2025 reserving liberty to move this Court if the trial is not - 5 - NC: 2025:KHC:24429 CRL.P No. 4403 of 2025 HC-KAR completed within the next four months. Learned counsel for the petitioner has brought to the notice of this Court that though the said order was passed on 06.01.2025, even as on this day, only nine chargesheet witnesses have been examined out of the 38 chargesheet witnesses cited in the present case. Undisputedly, the petitioner has no criminal antecedents. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and Another reported in (2024) 9 SCC 813, paragraph No.17 has observed as following: "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. In the case on hand, the prosecution has examined only nine chargesheet witnesses out of the 38 - 6 - NC: 2025:KHC:24429 CRL.P No. 4403 of 2025 HC-KAR chargesheet witnesses and therefore, chances of the trial
Decision
being completed and the case being disposed of on merits in the near future is very remote. Submission made by the learned counsel for the petitioner that most of the witnesses who have been examined before the trial Court have turned hostile to the case of prosecution, is not seriously disputed by the learned Addl. SPP. Be that as it may, since the petitioner is in custody from 03.08.2020 and he has no criminal antecedents, I am of the view that without expressing any opinion on merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively solely considering the period of his incarceration. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.265/2020 of Madanayakanahally Police Station, Bengaluru registered for the offences punishable under Sections 143, 302, 147, - 7 - NC: 2025:KHC:24429 CRL.P No. 4403 of 2025 HC-KAR 148, 341, 323, 394, 201, 120-B, 109 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; 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 PGG/List No.: 1 Sl No.: 65