Criminal Petition No. 5897 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19844 CRL.P No. 5897 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. 5897 OF 2025 BETWEEN: MOHAMMED TOUSIF S/O MOHAMMED KALASDAR @ MOHAMMED KHALANDER AGED ABOUT 24 YEARS R/AT NO.323, 4TH MAIN ROAD MADINA NAGAR, MANGAMMANAPALYA BANGALORE - 560 058 PRESENTLY R/O AT NO:1ST CROSS TIPPUCHOWKA, NEAR ALRAHI SCHOOL 1ST FLOOR, BOMMANAHALLI MANGAMMANAPALYA BANGALORE - 560 058. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA (BY SRI PRASANNA RAO R, ADV.) AND: STATE BY NANDAGUDI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE ON BAIL IN THE CR.NO.137/2019 REGISTERED BY THE NANDAGUDI POLICE FOR THE ALLEGED OFFENCE P/U/S NANDAGUDI POLICE, FOR THE ALLEGED OFFENCE P/U/S 302, 201, 34 OF IPC, 1860 PENDING BEFORE THE HONBLE IXTH ADDL. DIST. AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN S.C.NO.340/2019. - 2 - NC: 2025:KHC:19844 CRL.P No. 5897 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.2 in Crime No.137/2019 registered by Nandagudi Police Station, Bengaluru District for the offences punishable under Sections 302 & 201 R/w 34 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. 3. Heard learned counsel for the parties. FIR in Crime No.137/2019 was registered by Nandagudi Police Station, Bengaluru District against the unknown person initially for the offence punishable under Section 302 of IPC, based on the first information dated 30.06.2019 received from Sri Shamanna S/o Late Sonnappa, who is the father of the deceased Byregowda. During the course of investigation, the petitioner herein was arrested on 11.07.2019 and subsequently he was remanded to judicial custody. After completing the - 3 - NC: 2025:KHC:19844 CRL.P No. 5897 of 2025 HC-KAR investigation, charge sheet has been filed against four persons and the petitioner is arraigned as accused No.2 in the charge sheet. The bail application filed by the petitioner before the Trial Court was rejected and therefore he had earlier approached this Court in Crl.P.No.4613/2020, which was dismissed on merits. Subsequently, the petitioner had filed Crl.P.No.7235/2020, which was also dismissed on merits. Thereafter, the petitioner had filed Crl.P.No.4676/2021 and Crl.P.No.1192/2022, which were dismissed as withdrawn. Subsequently, trial in the case was commenced. After examination of some of material charge sheet witnesses, the petitioner had filed fresh bail application before the Trial Court, which was rejected on 15.06.2023. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is a youngster, aged about 24 years having no criminal antecedents and he is in custody for the last about 6 years. All the material charge sheet witnesses - 4 - NC: 2025:KHC:19844 CRL.P No. 5897 of 2025 HC-KAR have been already examined before the Trial Court as PW.1 to PW.11. Except PW.1 and PW.3, all other material charge sheet witnesses have not supported the case of the prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition and submits that on the merits of the case, the prayer made by the petitioner for grant of bail has been already rejected by the coordinate bench of this Court earlier. There are serious allegation against the petitioner in the charge sheet. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons and during the course of investigation, the petitioner was arrested on 11.07.2019. In the charge sheet, which was filed thereafter, the petitioner is arraigned as accused No.2. The allegation in the charge sheet is that accused Nos.1 to 4 had conspired to commit the murder of Byregowda, who was working as a supervisor in Godrej company. - 5 - NC: 2025:KHC:19844 CRL.P No. 5897 of 2025 HC-KAR 7. On 30.06.2019 when Byregowda was travelling in his motorbike bearing registration No.KA-08-V-7985 to deposit a sum of Rs.15,21,600/-, which was collected from the sale of poultry of the company, the accused persons, who allegedly followed him in a motorbike, had kicked the motorbike of Byregowda and made him to fall down and thereafter accused No.1 allegedly assaulted Byregowda with a knife and forcibly snatched the bag, which Byregowda was carrying and had escaped from the spot of crime. The injured Byregowda had died on his way to the hospital and it is under the said circumstance, his father had approached the police and submitted a first information, based on which, FIR was registered against unknown persons. 8. It is not in dispute that the bail applications filed by the petitioner earlier before this Court were dismissed and subsequent to dismissal of the bail application, trial in the case had commenced and till date, out of the 62 charge sheet witnesses cited in the present - 6 - NC: 2025:KHC:19844 CRL.P No. 5897 of 2025 HC-KAR case, the prosecution has only examined 11 charge sheet witnesses. It is also not in dispute that all the material charge sheet witnesses have been examined before the Trial Court as PW.1 to PW.11 as on this date. 9. Learned counsel for the petitioner submits that the material charge sheet witnesses have not supported the case of the prosecution. This Court cannot examine or appreciate the deposition of the witnesses at this stage. However, the fact remains that the petitioner who has no other criminal antecedents, is in custody for the last about 6 years. 10. The Hon'ble Apex 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: "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 - 7 - NC: 2025:KHC:19844 CRL.P No. 5897 of 2025 HC-KAR for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 11. Insofar as the present case is concerned, out of 62 charge sheet witnesses, only 11 charge sheet witnesses have been examined till date. Therefore, chances of trial being completed and case being disposed of in the near future is very remote. Under these circumstances, without going into the merits/demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively, solely on the ground of his incarceration. 12. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.137/2019 registered by Nandagudi Police Station, Bengaluru District for offences punishable under - 8 - NC: 2025:KHC:19844 CRL.P No. 5897 of 2025 HC-KAR Sections 302 & 201 R/w 34 of IPC, subject to the following conditions: a) The 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 - 9 - NC: 2025:KHC:19844 CRL.P No. 5897 of 2025 HC-KAR permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS