Criminal Petition No. 7114 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21350 CRL.P No. 7114 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7114 OF 2025 BETWEEN: SRI. VINAYKUMAR H., S/O M HINDAIAH AGED ABOUT 33 YEARS R/AT NO 248 NEAR KAVERI WATE TANK II CROSS, A NARAYANAPURA VILLAGE DOORAVANINAGARA POST BANGALURU CITY - 560 016. (BY SRI SUYOG HERELE E., ADV.) AND: THE STATE OF KARNATAKA THROUGH MAHADEVAPURA P.S, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. (BY SMT. ASMA KOUSER., ADDL.SPP)
Legal Reasoning
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.120/2021 (PENDING ON THE FILE OF THE LEARNED LXXI ADDL CITY CIVIL AND SESSION JUDGE (CCH-72) AT BENGALURU CITY IN S.C.NO.866/2021 REGISTERED BY MAHADEVAPURA POLICE - 2 - NC: 2025:KHC:21350 CRL.P No. 7114 of 2025 HC-KAR STATION, BENGALURU CITY FOR THE ALLEGED OFFENCE P/SU/ 302,498-A,420,328 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.866/2021 pending before the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.120/2021 registered by Mahadevapura Police Station, Bengaluru City, for the offences punishable under Sections 302, 498A, 420, 328 IPC, is before this Court under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.120/2021 was registered by Mahadevapura Police Station, Bengaluru City, against the petitioner herein and five others initially for the offences punishable under Sections 302, 109, 34 IPC based on the first information dated 17.04.2021 received from Manjunath.D. - brother of deceased Aswhini. During the course of investigation, petitioner herein who was arrayed as accused - 3 - NC: 2025:KHC:21350 CRL.P No. 7114 of 2025 HC-KAR no.1 in the first information was arrested on 20.04.2021. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in S.C.No.866/2021 was rejected on 11.08.2021. Thereafter, he had approached this Court in Crl.P.No.7493/2021 which was dismissed as withdrawn on 25.03.2022. It is under these circumstances, petitioner is before this Court in this successive bail petition on the ground of delay in trial. 4.
Legal Reasoning
Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last more than four years. All the material charge sheet witnesses have been already examined in the present case. Till date, only 13 charge sheet witnesses are examined out of 30 charge sheet witnesses. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP has opposed the petition. She submits that there are strong circumstances which connect the petitioner to the crime and he had a strong motive to commit the murder. The conduct of the petitioner after - 4 - NC: 2025:KHC:21350 CRL.P No. 7114 of 2025 HC-KAR committing the crime disentitles him of any relief in this petition. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against the petitioner and five others based on the first information submitted on 17.04.2021 by the brother of the deceased. Undisputedly, the first informant is not an eye-witness to the incident in question. During the course of investigation, petitioner was arrested on 20.04.2021 and ever since then he is in custody. After investigation was completed, charge sheet has been filed only against the petitioner, and the other five accused persons named in the FIR were dropped in the charge sheet. 7. CWs-1 to 3, 7, 10 & 11 are said to be the material charge sheet witnesses in the present case. The said witnesses have been examined as PWs-1 to 4, 6 & 7, respectively. Therefore, it is apparent that all the material charge sheet witnesses have been already examined in the present case. Under the said circumstances, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. Out of 30 charge sheet witnesses cited in the present case, till - 5 - NC: 2025:KHC:21350 CRL.P No. 7114 of 2025 HC-KAR date 13 charge sheet witnesses have been examined. Petitioner who has no criminal antecedents is in custody for the last more than four years. 8. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA & 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. Under the circumstances, without expressing any opinion on the merits and demerits of the case, the prayer made in the petition for grant of regular bail is required to be granted solely considering the period of petitioner's incarceration and the delay in trial. Accordingly, the following order: - 6 - NC: 2025:KHC:21350 CRL.P No. 7114 of 2025 HC-KAR 10. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.866/2021 pending before the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.120/2021 registered by Mahadevapura Police Station, Bengaluru City, for the offences punishable under Sections 302, 498A, 420, 328 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 - 7 - NC: 2025:KHC:21350 CRL.P No. 7114 of 2025 HC-KAR the said Court until the case registered against him
Decision
is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK